FAMAKINWA V STATE

Issue:

That the Appellant came to the house of the deceased to challenge the deceased in respect of allegation of mismanagement of money given to the Appellant by the brother of the deceased. In the process, a fight ensued between the Appellant and the deceased. The dispute was reported to the Oba of the town who sent his Police orderly to invite the quarreling parties to his palace. While the deceased was on his way to the Oba's palace with the police orderly and other relations of the deceased, the Appellant came from behind with a knife and stabbed the deceased causing him injuries which resulted in the death of the deceased. In his own defence contained in his own statement to the Police admitted in evidence in the course of the trial as Exhibit 'B' and his own oral evidence, the Appellant admitted stabbing the deceased but claimed that he was attacked by the deceased and 5 of the deceased relations, one of whom stabbed the Appellant with a knife which the Appellant retrieved from the Appellant's relation. That, while the Appellant was trying to retaliate, the Appellant's relation who testified for the prosecution as PW 5, avoided the knife which landed on the deceased, thereby setting a defence of self defence.