shown that his reaction was premidated by the action
of the deceased who cut him with a cutlass from
behind. He said:“On Tuesday 31/3/2020 at about 11:00pm,
I was at Kwanberu junction going home
opposite the house of late Alhaji Tore, I heard
someone has cut me with a cutlass at my back.
I then hugged him and two of us fell down on
the ground.”
The law is trite that in all criminal trials, especially in
homicide cases, a trial court has a duty to consider all
the defence raised by the evidence before it in favour
of the defendants, whether or not the defendant
specifically
raised
it
no
matter
how
weak,
inconsequential or stupid it may appear.
- Danbaba V. State (2019) 36 WRN 87.
- Guobadia V. State (2004) 6 NWLR pt 869 p
360.
- Elewanna V. State (2019) 46 WRN 147.
It is also trite law that where an accused person raises
a defence to the commission of a crime alleged
against him, it simply means he is only disputing the
mensrea and not the actus reus of the offence, as he is
by implication admitting the actus reus.
- Ola V. State (2019) 4 WRN 1 at 24 para 5.
- Chukwu V. State (1992) 1 NWLR pt 217 p 225
at 269.
- Iromantu V. State (1964) 1 ALL NLR 311.
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