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Thursday, 30 April 2015

Dear LIB readers: Guilty or not Guilty? - By Joy Oforka

An interesting article by writer, Joy Oforka. Read below...
The story I am about to relate is one that has sparked off many volatile emotions in me and I want for knowing what emotion to feed, tame or kill. It is for this reason I humbly seek the verdict of you the esteemed people's court.
It was common knowledge that Efe had a temper.  His was the type that could practically cook beans to paste. When he was sweet though, he was really really sweet, cracking you up with a free show of another Basketmouth Uncensored.
But even in those moments, a poorly delivered word or action from a well-meaning fellow could spark off anger bouts that caused one to wonder where the Cheerful Efe went, if he ever existed. On every other count, Efe was near-perfect.

Well, even the temperamental had as much right to love as the temperate. And so it was that Efe fell in love and found it returned more than it was given in Ese. Since, Efe's temper was well-known, you would be right in concluding that Ese knew well of it. In fact, she knew more than the lot of us, receiving its effects firsthand in their courtship - a red eye today, a swollen cheek tomorrow.

When marriage talks ensued, Ese insisted that men have been known to pick and drop certain habits on getting married and Efe would not be an exception. Looking at it objectively, you could accept that that was a truism that was not always false. Ese was always headstrong and not easily swayed on her decisions and became even more so when struck with lover's obstinacy on matters of the heart.

They got married. Ese's foresight had been quite valid. Where Efe formerly gave a red eye, he added a broken bone. This persisted so badly that just three months into the marriage, Efe's beating caused a miscarriage. I and others quarreled and reasoned with Ese to get out of the marriage before they have children and claimed them her reason for staying on. Yet she refused, afraid of what people would say, how society would mock her for becoming a divorcee at so young an age, so early in marriage.

Ese got pregnant again within the five more months of the marriage till it came to an abrupt end on that sad Tuesday. Efe was angry. It was something about who Ese had been with on the phone for so long giggling and whispering. While Ese was trying to ease him and explain it was just an old schoolmate, he hit her and she spat a tooth. Running, screaming and reminding him she was pregnant and another miscarriage would not be forgiven, he chased after her and hit her the more. Eyes closed in fright, Ese picked up the nearest thing her hand could reach and aimed at Efe. She kept screaming for some seconds before she realized he was no longer hitting her and everywhere was calm. It was then she opened her eyes and saw Efe lying motionless on the floor. Her aim had been exact on his head and the object was the iron that had barely cooled off after her ironing. Now, Efe is dead; Ese is in police custody.

I hope this concise narration would suffice in explaining my emotional dilemma. I know Ese murdered her husband but to what extent is she guilty of the murder?

116 comments:

  1. Replies
    1. cmon this is common sense. .this is a very dumb post. .it is a clear self defense.. how is this a discussion? ..also she deserves the beatings done women are stupid. .how can you marry someone that hits you kmt. . women. .na wa oo

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    2. Phew! Dis is serious dilemma. May intervene in dat case cos na only Him fit unravel the case. Linda take note!

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    3. Not guilty!! This is a clear-cut case of self defense!

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    4. Driver,you have no soul.

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  2. This is a crios one..every one has their issues in marriage..but one shuld learn to accomodate and learn the virtue of self control

    www.glowyshoe.blogspot.com

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  3. This is a crios one..every one has their fault and issue in marriage but it all dies down to self control

    www.glowyshoe.blogspot.com

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  4. I know it wasn't intentional, but at the end of the day…she couldn't walk away?...someone had to die?

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    1. She couldn't walk away? Did you read the story well at all? At the end, she was RUNNING away from him with her 5 months old pregnancy and he chased after her with beatings! She didn't set out to kill him. It was obviously an error and a case of self defense!

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  5. Murder ke????????? That's plain old fashioned self defense

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  6. Not guilty...poor lady

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  7. she is not guilty its self defence ......btw someone wulda still ended up dead

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  8. She's 100% guilty as the court doesn't want to know what transpired between them. Ese brought everything upon herself as the handwriting was visible on the wall but allowed herself to be carried by the wind of 'love'. So unfortunate!

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    1. Shut up! Are u a lawyer? Now lemme educate u. To constitute murder, the actus reus must be in tandem with the men's rea. Yes, the actus reus was present however the men's rea wasn't as she was frightened out of her wit, any reasonable court will treat it as self-defence as she was protecting two lives and thus acquit her. I rest my case. Oga thank me later

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    2. Dude you dull die. Haven't you ever heard of self defence? The court would definitely want to know what transpired that's how justice is carried out. Albeit she's stupid for still sticking to him but folding her arms and allowing him beat her to another miscarriage is retard. You are as dumb as she is.

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    3. Lol @beautiful u don't get acquited because mens rea is lacking. The lack of the mental element rules out murder for manslaughter. The bottom line remains that she killed him, intentionally or not.

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  9. Manslaughter

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  10. NOT GUILTY.. SELF DEFENSE

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  11. NOT GUILTY.. SELF DEFENSE

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  12. PARENTAL ADVISORY!!!
    ***explicit comment***



    Self Defence

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  13. Ese did not murder her husband, that's called self-defence

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  14. Not guilty. Self defense of hers and the life of her unborn child Had he caused another miscarriage he might have been guilty of murder himself. Sad end to a sad life.

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  15. She married a Bipolar n (unconsciously) mortally ended the Union with a Hot iron.
    I bet ya she ain't guilty of sending the bum to hell early, maybe the Court will think otherwise as they ve always been an Ass.

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  16. This was self defense and if she can produce evidence of a history of violence and reliable witnesses to back it up, I dare say she will walk scot-free with only the guilt of his death to bear with.

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    1. Spoken like a learned colleague

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  17. This idiot has come to write us a "Yoruba movie"..either u like it or not...she's guilty and will pay for murder...

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    1. Shut up!! If her husband had killed her while beating her, I'm sure you would have said he wasn't guilty! Myopic creature.

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    2. Hez better dead than alive so that he wnt hit another lady... guys should learn to tame their fast and hard hand

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  18. She's not guilty mbok! Efe had temper problem which he could have learned to manage with time, knowing he had someone else in his life that wasn't him, but he chose to remain the way he was made, thereby pushing another human(Ese) to her limit. He got what was befitting to him...

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  19. She's not guilty... that was self defense...and the last I heard self defence is not murder!... if she's got a good lawyer and a good record from her hospital on how many miscarriages she's had as a result of violent and abuse... she'lld definitely get out victorious...if this is a real life story I wish Ese all the best with her case...

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  20. Very sad indeed. Well she's guilty of murder but nt premeditated I guess, she was scared and hopeless, wat else culd she have done? Watch the dog of a husband beat her black and blue? She was scared 4 her lyf and dat of the baby. But dis a warning 2 all women who go into marriage finkn dia husband can change dia habit and character in split seconds.

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  21. Not Guilty....it's self~defense.

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  22. this is a serious matter;
    d man is dead;so we cant hear his own version
    BUT if all said is d true; then justice should be tempered with mercy (as they say in law courts)...

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  23. Deep breathe..This is honestly a hard nut to crack...with a blinding spell of love,u don't find any fault bcs u ar in love...But in this case,its a sting!Too bad dt d sweetness of d honey turned to a bitter sour taste...Rip to Efe.

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  24. As far as i am concerned it is d case kill or be killed. She was only trying to defend her sef so she is not guilty in anyway.just my own opinion

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  25. I think Ese is not guilty as she acted on self defence.

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  26. This murder is as a result of self defence and if at all there's enough proof to convince the police that she's innocent, she'd be justified.
    Lesson learnt the hard way; when there's an abuse in a relationship especially that of marriage,victims shd contact welfare organisations for abused women incase of future occurrences like this. Thanks

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  27. I think its self defence,Not guilty.

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  28. She's not guilty mbok! Efe had a choice of improving on his temperament, knowing he wasn't alone in it, but he chose to remain the way he was made, thereby pushing another human (Ese) to her limit. He got what he wanted...

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  29. Hmmmm...d main reason I can't be in an abusive relationship is dat someone will eventually get into deep trouble. It's not even an option for consideration

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  30. Hmmmmm, she could aleast leave the marriage at the initial stage, but am not God to judge. In my humanly capacity, she is actually not guilty coz she just defend herself, so its an accident, das all i know.

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  31. It feels so sad. ESE will be charged for manslaughter. There's really no excuse to kill. Be it knowingly or unknowingly.


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    1. Foolish you..haven't you heard of self defense??..kill or be killed. She did the necessary to survive because if she didnt, she would have been the one lying in the morgue. She is justified as far as there is evidence to correlate her claims. Stop writing rubbish and displaying your ignorance.

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  32. Jamb question! Ehm! I think she might be convicted for manslaughter which could land her 7-10yrs imprisonment! She didn't have the intention to kill him. She reached her hand for anything that can stop Efe, the assailant. Also, Efe might be suffering from an internal ailments which could have precipitated his dead! This can be investigated through autopsy.... I'm not sure if the defence of self defense can avail her. Because Efe was not beating her with any weapon! He was beating her with his hands and did not seems to have intention to kill her!!!

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    1. True. But hope you are aware that many women have been beaten to death by a man's bare hands? Whether he was using a weapon or not makes no difference. She could have died from excessive bleeding or internal injuries caused by his blows.

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  33. Ese is guilty of murder bt its nt her fault atall! Efe actually got it all wrong by beating his pregnant wife bt he doesn't deserve to die. Just finish my guiness-malt and peakmilk now. Lolo1

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  34. In my opinion not to a very large extent coz she was only trying to defend herself. It's obvious it wasn't her intention to kill her husband..but so sad she's in this predicament and branded a murderer..

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  35. Ese is guilty of murder bt its nt her fault atall cos she killed him unaware. Efe actually got it all wrong by beating his pregnant wife bt he doesn't deserve to die. Just finish my guiness-malt and peakmilk now. Lolo1

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  36. Self- defence. She should walk free!!

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  37. She is indeed very guilty

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  38. Dunno


    Rellaidiovo.blogspot.com

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  39. Ese isn't guilty, she acted in self defence. If she hadn't done that, Efe could have killed her. #NOT GUILTY

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  40. I do not think she is guilty of murder. involuntary manslaughter. In fact if i were her lawyer I will plead 'self-defense';It seems appropriate because it might have been the other way round and it would have been murder then.

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  41. She's not guilty coz she's not the one that kill him

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  42. She is not guilty it was all self defence

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  43. That's self defense to me

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  44. Americans would have a term for such an incident proving the woman's innocence . But our police must prolong the matter to chop. By the way women are looked down on. No gender equality.

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  45. To so many extent she is GUILTY, cos she knew him to well before they got married.

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  46. Self defense is not murder. she will definitely do some time in prison but nothing harsh.

    Let her employ the use of a human rights lawyer.

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  47. This falls clearly under the ambits of the criminal law.Indeed Ese has committed murder but given the narration, she has a good chance of not being convicted for murder but something lesser like manslaughter which obviously carries lesser punishment.She was actually defending herself and her unborn child,given the fact that she had suffered miscarriage resulting from Efe's temperamental ruthlessness,She has a good case.


    Manuelturner.blogspot.com

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  48. She's guilty of second degree manslaughter hehehehehe

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  49. Not guilty#linda.....#she was trying to protect her self and the baby...the police should consider her...

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  50. She did nothing oooo

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  51. pidgin mistress30 April 2015 at 22:15

    Hmm, this one na complicated issue. Ese and Efe, wow three letter words. Sighs

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  52. I'll call that self defence and of course, bullseye.

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  53. Thats Manslaughter . A good lawyer can prove provocation as a defence.

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  54. Critical but our sense of judgement can never be taken away. Ese killed her husband, she is guilty of murder. All other circumstances that led to the death of Efe matters not.

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  55. Critical but our sense of judgement can never be taken away. Ese killed her husband, she is guilty of murder. All other circumstances that led to the death of Efe matters not.

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  56. Self defense , ntn guilty about that

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  57. Nt guilty biko.. datz self defence 4me


    Lib freak

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  58. Hmmmmmm, what can I say to this

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  59. This is case of safe defence
    It could have been her lying dead

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  60. She is not guilty. I remember bimbo akintola did aovie on this story line years back.

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  61. Ignorance is never an excuse in d court of law

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  62. Not guilty, #self defense #

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  63. Ese acted in self defence, NOT GUILTY#Spanner#

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  64. Guilty! She never reported his battering to the authorities and so it will be her word against justice. Murder is a crime and unfortunately, she will be made to do time.

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  65. its man slaughter nt murder. so she shud get some years imprisonment for heart blind disobedience

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  66. I'm a law student in the university of Birmingham, England so I'd answer this question briefly. The defendant is guilty of voluntary manslaughter. This is when D has the AR for murder but lacks the MR, as a result, the charge for murder is substituted with a charge for manslaughter. Her defence will be loss of control, citing the case of f v alwudalia to support her argument.

    Thanks.

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  67. I'm a law student in the university of Birmingham, England so I'd answer this question briefly. The defendant is guilty of voluntary manslaughter. This is when D has the AR for murder but lacks the MR, as a result, the charge for murder is substituted with a charge for manslaughter. Her defence will be loss of control, citing the case of f v alwudalia to support her argument.

    Thanks.

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  68. I'm a law student in the university of Birmingham, England so I'd answer this question briefly. The defendant is guilty of voluntary manslaughter. This is when D has the AR for murder but lacks the MR, as a result, the charge for murder is substituted with a charge for manslaughter. Her defence will be loss of control, citing the case of f v alwudalia to support her argument.

    Thanks.

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  69. This is not murder,this is SELF DEFENSE! She isn't guilty. She could/would have died too if she hadn't defended herself.

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  70. A good lawyer can get her out on self defense.

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  71. Wch kain yeye temper b dat,we av d ability to control our temper.d young woman isn't guilty at all.it s self defence.

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  72. Nt guilty.... God will certainly 4give ha life d samaritan woman....

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  73. He has an history of battering. Self-defence is justifiable.

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  74. Emm...isn't that self defense

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  75. its actually not murder, its self-defense. If she could prove her case in the court of law, she might jst get acquitted....

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  76. Awww! Such a sad story, I'd like to think she isn't too guilty cos d dude has been battering her, but then again, she shud have just left rather than stay on. Dis thing wit women in abusive marriages sef taya person, always making excuses for d Men... Sigh*

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  77. if such an occurrence happens in a country lk USA or Britain, a fair justification might be considered looking at it from the perspective of self defense but the story might be different judging by Nigerian the Constitution...hv watch a case whrby a twins killed thr mother and they whr sentence to 30yrs imprisonment when ordinarily 0ne will have thought of life imprisonment... my opinion is, though murder is murder but fair justice have to be servered looking at it from the case of self defense.

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  78. Abeg its self defence. It's manslaughter i guess she will likely get a light sentence

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  79. Abeg its self defence. I guess its manslaughter

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  80. Not guilty. Self defense.
    Staying in police custody is a life time lesson for not heeding to warnings.

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  81. She's nt guilty @ll, it ws a self defence tin now. If she didn't do dat @ dat moment, d case might b vice versa.

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  82. She's nt guilty @ll, it ws a self defence tin now. If she didn't do dat @ dat moment, d case might b vice versa.

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  83. Of course, she's guilty but not so guilty. She was only defending herself. Which is the right thing for anyone to do during their time of danger. It's unfortunate the Efe guy died in the process but the girl only receive slight punish.

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  84. Biko! she is not guilty. I will call it self defense!! If she didn't stop him the way she did, he would have been the one in prison and her in a queen-sized coffin!! It is unfortunate she stopped him and it ended in a bad way!

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  85. Are u daft...it's called manslaughter cos she acted on self defence

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  86. It's called manslaughter not murder..cos she acted on self defence

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  87. Ermmm Linda biko wat is d essence of ds whole right....there has to be an objective to it, I cant figure it out. I'ld hate to think ds writeup is just for writing sake, cos that's exactly what it feels like....pointless. Dear writer u sound to learned and eloquent to term the act 'murder'....it is only murder when evidences point to it being pre-meditated, manslaughter is a spontaneous action either in rage or self defence that leads to the death of either d victim or the assailant...now self defence is an entirely different matter....she has the broken tooth, the testimony of pple about all the pummeling she's been receiving from the deceased, pple's testimony abt the man's character as well....she has all d bodily arm inflicted on her that day nd possibly the days b4...armed with all these and a good lawyer she can prove that not only wz it a case of self defence, it wz a matter of life and death....a kill or be killed situation. Bad as e bad she does one year or an option of a fine....bkos its Nigeria ooo, nd we dnt Av anythng like jury and of cos d judge will most def allow her personal sentiments to weigh in on d matter, Bt if its abroad....shes so walking away....not guilty at all. Bt evn in Nigeria she wont spend up to one year in jail, best case and most likely scenario she walks away unscathed. Bt one thing's for sure.....she is most definitely not guilty of murder!

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  88. Hmmmm... I will call it self defence. But in all it could have been avoided. Never stay in an abuse relationship coz the end is always bad.

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  89. Hmmmm... I will call it self defence. But in all it could have been avoided. Never stay in an abuse relationship coz the end is always bad.

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  90. I'm with whichever has the most vote

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  91. Even if the court judges her not guily. she will live her whole life feeling guilty.

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  92. obviously self defense...or NOT GUILTY on the grounds of temporal insanity...the ****** had it coming.

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  93. simply an act of self-defense. she is not guilty

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  94. She's soo not guilty, it was self defense

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  95. NOT GUILTY... SELF DEFENSE... IT'S A PITY THAT IT ENDED THIS WAY. WHY DO WOMEN LOVE HARD MEN AND ABANDON THOSE WHO TREAT THEM LIKE PRINCESSES?

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  96. She is not guilty, is self defence. What if the guy killed her with the pregnancy? Women should stop this notion that men can change from bad to good.

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Disclaimer: Opinions expressed in comments are those of the comment writers alone and does not reflect or represent the views of Linda Ikeji.

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