CRIMINAL LAW AND PROCEDURE CASES/JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
| TITLE | MAIN ISSUES |
| A.C.B. V. MARY OKONKWO AND ORS. | CRIMINAL LAW AND PROCEDURE:- Proof of crime – Criminal Responsibility – Meaning – Duty of prosecution thereto |
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A.P. ANYEBE V. THE STATE
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CRIMINAL LAW AND PROCEDURE:- Charge of unlawful possession of fire-arms contrary to section 4 of the Firearms Act preferred against accused by Benue State Attorney-General without authorization – Effect on proceedings. |
| A.T. AND E. CO. LTD. V. FEDERAL MILITARY GOVT. | CRIMINAL LAW AND PROCEDURE:- Murder – Exclusion of accused’s statement from consideration – Propriety of. |
| AARON AKPAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Evidence – Sworn Evidence of a child – Admissibility of retracted confessional statement. |
| ABA V. REGINA | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of provocation – Not available when premeditated. |
| ABACHA & ORS V. SECRETARY OF STATE FOR THE HOME DEPARTMENT | CRIMINAL LAW AND PROCEDURE:- Recovery of stolen loot – International assistanc |
| ABARAOHA V. THE QUEEN | CRIMINAL LAW: |
| ABAYOMI OLALEKAN V. THE STATE | Criminal law and procedure – confessional statement of an accused: whether an accused person can be convicted on his confessional statement |
| ABDALLABE V. BORNU N.A | CRIMINAL LAW AND PROCEDURE:- Northern Nigeria – Culpable homicide – Self-defence – House trespass – Trespasser killing to affect escape – Private person’s right to arrest – other relevant considerations |
| ABDU KADIRI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder motivated by third party adultery with wife – Whether circumstances leading to aggravated assault from which deceased died amounts to acts done “in the heat of passion caused by sudden provocation,” – Circumstances which have to exist before the offence can, in law, be reduced to manslaughter – Relevant considerations |
| ABDU V. THE STATE | CRIMINAL LAW AND PROCEDURE – DEFENCES – PROVOCATION:- Nature of – As a partial defence for murder in cases where the act or omission causing death was provoked by some conduct of the deceased – Effect on a charge of murder – Whether reduces a charge of culpable homicide punishable with death to culpable homicide not punishable with death or manslaughter – Justification for the defence – How determined – Section 222(1) of the Penal Code – Tests to be applied |
| ABDU MOHAMMED V. THE STATE | CRIMINAL LAW AND PROCEDURE – Culpable homicide – Evidence of sole eye-witness for prosecution -Whether requires corroboration to secure conviction -Mens rea -Whether synonymous with knowledge. |
| ABDUKARIM IYIMOGA AND OTHERS V. GOVERNOR OF PLATEAU STATE AND OTHERS | CRIMINAL LAW AND PROCEDURE:- Homicide -Unlawful arrest by deceased – Excessive force in resisting same – When amounts to manslaughter -Criminal Code, section 317. |
| ABDUL MAJEED NASIRU V. COMMISSIONER OF POLICE | CRIMINAL LAW:- Theft by stealing property – Trial by magistrate court – When not proper
CRIMINAL LAW AND PROCEDURE – COURT: Duty of Magistrate to investigate any complaint before framing a charge and committing a suspect for trial |
| ABDULLAHI ISA V. THE QUEEN | CRIMINAL LAW: Murder – Multiple Eye witnesses – Weight of evidence needed to convict for murder – Need for consistency in the evidence given by multiple witnesses |
| ABED V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Stealing – Conspiracy to steal – Fraudulent false accounting – Ingredients of |
| ABEL OGBEWE V.INSPECTOR-GENERAL OF POLICE |
CRIMINAL LAW AND PROCEDURE – CORRUPTION: Corruption or improper interference with due administration of justice – Section 116 Criminal Code – Scope CRIMINAL LAW AND PROCEDURE – CORRUPTION:- Receiving property to show favour – Sections 100 and 116 Criminal Code – Ingredients of offence – When deemed not established – Effect |
| ABIBATU FOLAMI & ORS V. FLORA COLE & ORS | CRIMINAL LAW AND PROCEDURE:- Allegations of the commission of criminal offence in civil proceedings – How proved – Standard – Whether proof beyond reasonable doubt – S. 137(1), Evidence Act |
| ABIEKE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Body of deceased not found – No direct or confessional evidence of participation – Suspicious circumstances – Circumstantial evidence falling short of standard required by law – Effect |
| ABIODUN ADELAJA V OLATUNDE FANOIKI & ANR | CRIMINAL LAW AND PROCEDURE:- Allegation of crime in civil proceedings – Forgery – Burden and onus of proof thereto |
| ABIODUN FAMUROTI V. MADAM S. AGBEKE |
CRIMINAL LAW AND PROCEDURE:– Murder – Proof of – Duty of court to consider all defences available to accused person – Burden of proof of crime and of discounting the existence of any legal defence – Whether shifts to accused CRIMINAL LAW AND PROCEDURE:– Murder – Proof of – Dying declaration – What amounts to |
| ABIODUN ODEDIRAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Right of appeal in cases of capital offence – Automatic nature of – Duty on appellate court to give effect thereto. |
| ABIOLA V. FEDERAL REPUBLIC OF NIGERIA |
CRIMINAL LAW AND PROCEDURE:- Right of accused person to counsel of his choice – Where there is dispute by counsel as to who has authority to represent accused – Need for State to avail accused person in detention the opportunity of selecting counsel of his choice – Various ways accused person in custody can indicate counsel of his choice CRIMINAL LAW AND PROCEDURE:- Right to counsel – Nature of – Dispute between two counsel as t9 who has authority to represent an accused -How resolved – Propriety of referring such matter to court for determination. |
| ABIORO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Homicide –Murder – Jury – Direction – Entitlement of Judge to express himself on the evidence before him -Duty of judge to warn jury that they were not bound by his opinion and that they were entitled to form their own views – Whether safer for judge to refrain from expressing his opinion strongly on matters relevant to the facts or issues in the matter. |
| ABODUNDU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Appeal – Re-trial – order of – Principles applicable. |
| ABOKOKUYANRO V. THE STATE | CONSTITUTIONAL LAW AND HUMAN RIGHTS – FAIR HEARING – PRESUMPTION OF INNOCENCE: Presumption of innocence in a criminal trial – Constitutional basis |
| ABOUD V. QUEEN |
CRIMINAL LAW AND PROCEDURE:- Appeal – “Weight of evidence” – Wrong in criminal appeal. CRIMINAL LAW AND PROCEDURE – Undue delay between committal for trial and actual trial – Deprecated. |
| ABU V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of Insanity – 5.223 of Criminal Procedure Law of Eastern Nigeria – To be complied with by a trial Judge. |
| ABUAH V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Forgery – fraudulent thumb-printing of a document to the prejudice of the interest of an illiterate – Effect of a verification by a legal practitioner of a fraudulently thumb-printed document – CRIMINAL LAW: Forgery – Whether intent to defraud shown- Criminal Code, Cap. 42, sections 419, 464 (b), 465, 468. |
| ABUBAKAR DAN SHALLA V. THE STATE | |
| ABUBAKAR MOHAMMED V. THE STATE |
CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY: – Section 12(5) & (6) of the Robbery and Firearms (Special Provisions) Act – Statutorily prescribed time limit for police investigation of the offence – Whether invalidates prosecution – Who has the power to prosecute the offence of Armed Robbery – Alibi – Nature of the defence of alibi – When the defence must be raised – Effect where the defence of alibi is successful CRIMINAL LAW AND PROCEDURE:- Filing of information – Competence to file an information and initiate criminal proceedings – Procedure for taking the plea of an accused person |
| ABUDU V. THE STATE | CRIMINAL LAW:– Armed robbery – Proof of – Need to identify suspects properly . – effect of failure thereto
CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY:- Proof of guilt of co-accused persons whose cases are closely interwoven with and inseparable from each other– Where accused person who allegedly stole the money or wielded the weapon constituting key element of the crime is acquitted – Whether conviction of co-accused person who allegedly aided, abetted or conspired in the commission of the crime can still stand |
| ABUGHOR ABGYULUWA AND OTHERS V. THE COMMISSIONER OF POLICE (HC | CRIMINAL LAW: Wilful and criminal destruction of property – Defence of alibi – Need to consider the defence of accused person no matter how untenable it looks – |
| ABUKAR V. THE STATE |
CRIMINAL LAW AND PROCEDURE: – Culpable homicide punishable with death under section 221 of the Penal Code – How proved – Defence of provocation – Wife taunting husband with alleged impotency – Whether Legal provocation – When attack bringing about murder is deemed premeditated and not in the heat of passion – How treated CRIMINAL LAW AND PROCEDURE: – Evidence – Extra-judicial statement made to Police officer – Failure to take accused and his statement before senior Police Officer for confirmation – Effect |
| ACHABUA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder contrary to S.319(1) of the Criminal Code – Evidence – No eye-witness – Confession – Grave of deceased discovered as a result of the confession – Effect |
| ACHIMI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof – When the defences of provocation, self-defence, defence of property, and automatism will avail an accused person – Evidence of spouse of accused person – Whether necessary to distinguish between the spouses of a Christian and a non Christian marriage in respect of criminal liability |
| ADAJE V. STATE | CRIMINAL LAW:- Murder – Plea of Self-defence – Evidence of accused’s aggression and premeditation – Effect |
| ADAMS V. D.P.P (FED.) |
CRIMINAL LAW AND PROCEDURE – Criminal proceeding – When accused is found not guilty – Proper verdict. CRIMINAL LAW AND PROCEDURE – Effect of Section 229 of the Criminal Procedure Act on Section 246 of the Criminal Procedure Act. CRIMINAL LAW AND PROCEDURE – Murder – Defence of insanity – Section 28 of the Criminal Code – What must be proved. |
| ADAMU V. STATE | CRIMINAL LAW AND PROCEDURE – Identification of accused person – Now conducted. |
| ADAMU SULEMAN & ANOR. V. COMMISSIONER OF POLICE, PLATEAU STATE | CRIMINAL LAW AND PROCEDURE:- Grant of Bail: Conditions for grant of bail to an accused person |
| ADDO V. THE STATE | CRIMINAL LAW AND PROCEDURE – CONVICTION: Murder – Proof – Duty of prosecution to discharge burden of proof using circumstantial evidence – When deemed discharged |
| ADE BELLO V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Onus of proof on Prosecutor – Presumption that trial Judge was mindful thereof. |
| ADEBANJO OGUNBANJO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Charge of murder – Accused making confession to police officer – Statement confirmed before superior police officer but retracted at trial – Accused giving evidence of previous mental illness and treatment for same supported by evidence – Proper treatment of |
| ADEBAYO V. STATE (CA) |
CRIMINAL LAW AND PROCEDURE:- Conspiracy – Meaning of – Ingredients of – Whether a Court can allow a conviction on a charge of conspiracy when the conviction on the substantive offence is quashed – Obtaining by false pretence CRIMINAL LAW AND PROCEDURE:- Stealing – Whether withdrawal of a charge against accused persons amounts to an amendment of charge – Duplicity of charges – Effect |
| ADEBAYO V. THE REPUBLIC | CRIMINAL LAW & PROCEDURE:- Murder – Improper Direction to jury – Failure to put accused’s defence properly to the jury – Effect. |
| ADEBIYI MAJEKODUNMI V. THE QUEEN | CRIMINAL LAW:- Conspiracy – Outsider conspiring with Post Office employees to tamper with postal matter – Criminal Code, section 163, and section 576 Circumstantial evidence – Where guilt not the only possible inference – How treated |
| ADEBIYI V. THE STATE | CRIMINAL LAW AND PROCEDURE – DEFENCE OF ALIBI: Whether an accused should raise the defence of alibi timeously to be entitled to its beneficent effect
CRIMINAL LAW AND PROCEDURE – DEFENCE OF ALIBI: When defence of alibi will be construed against the prosecution – Effect of failure to investigate the defence of alibi |
| ADEBOWALE AJAO V. THE STATE | |
| ADEDEJI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of Alibi – Who has the onus to discharge |
| ADEDEJI ADESANYA V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:- Arraignment – Requirements that must be satisfied upon arraignment of an accused person – Where the court did not record that the accused understood the language and the charge during arraignment – Whether fatal for prosecution – When a person can be held liable for crime and punished or deprived of his liberty |
| ADEDIRAN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Banking – Cashier – Paying out money without authority – Liability therefor
CRIMINAL LAW AND PROCEDURE:- Obtaining by False pretences – Conspiracy to obtain by false pretences – Stealing – Section 7, Criminal Code – Ingredients CRIMINAL LAW AND PROCEDURE:- Power of trial Judge to convict on offence other than that charged – Section 174(3), Criminal Procedure Ordinance. |
| ADEGBESAN V. THE STATE |
CRIMINAL LAW:– Murder – Proof of – Defence – Insanity – Presumption of |
| ADEGBOLA V. FOLARANMI | |
| ADEGBOYE IBIKUNLE V. THE STATE | |
| ADEKANBI V. AG (WN) | CRIMINAL LAW AND PROCEDURE:- Confessional statement – Admissibility thereof during cross-examination – Guiding principle – Duty of court.
CRIMINAL LAW AND PROCEDURE:- Confessional statement – Voluntariness of – Burden of proof thereof – Sections 27(2) and 139(1) (a), Evidence Act. |
| ADELE V. STATE |
CRIMINAL LAW AND PROCEDURE:- Alibi -Where raised by accused -Accused identified by one witness – Duty on court – Where identified by two independent witnesses – Effect CRIMINAL LAW AND PROCEDURE:- Alibi -Where raised by accused – Duty on prosecution to investigate same – Failure to investigate – Effect . CRIMINAL LAW AND PROCEDURE – Alibi -Where raised by accused -Onus on prosecution. |
| ADELENWA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Lessened to manslaughter-section 325 of the Criminal Code of fonner Eastem Nigeria – Mens rea. |
| ADELODUN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Provocation – Abusive songs – Whether amount to provocation |
| ADELUMOLA V. THE STATE | CRIMINAL LAW:- Murder – Defense of accident – What amounts to |
| ADENIYI V GOV. COUNCIL, YABA COLLEGE OF TECHNOLOGY |
CRIMINAL LAW AND PROCEDURE – FAIR HEARING:- Rule that a person cannot be accused by implication – Duty to bring a formal and direct accusation against a person before any determination can be made thereto prejudicial to his rights and interest – Whether can be satisfied by proof of strong suspicion or accusation by inference CRIMINAL LAW AND PROCEDURE:- Rule that suspicion however strong cannot support a conclusive inference of guilt – How rebutted |
| ADENIYI OLUFEMI OLUMIDE AND ORS V. DR. TOSIN AJAYI | CRIMINAL LAW AND PROCEDURE:- Conviction – whether conviction may be founded upon speculative findings – Criminal Law and Procedure – Charge of forgery – Essential ingredient of
CRIMINAL LAW AND PROCEDURE:- Charge of stealing – Whether mere ownership of property above income of accused person as of necessity implies their acquisition through unauthorised or illegal sources CRIMINAL LAW AND PROCEDURE:- Charge of forgery – Where alleged forgeries occurred on different dates – Whether proper to lump the different allegations together Criminal Law and Procedure – Fraudulent false accounting or falsification of accounts – Whether equates to forgery |
| ADEOSUN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Official corruption – Reasons for judgment – Accused also charged with stealing extortion, etc. – Accused discharged on all the counts charged convicted of attempt to receive – Appeal. |
| ADEPEHIN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE: – Murder – Retraction of entire judicial statement – Duty of trial Judge |
| ADEPETU V. THE STATE |
CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence- Findings of fact based on – Proper course open to trial court after making. CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence – Nature and quality of to ground conviction – Duty on court in acting on same – Relevant considerations – Udedibia v. State (1976) 11 SC 133; Ukorah v. State (1977) 4 SC 167 followed and applied; Igho v. State (1978) 3 SC 87 distinguished. |
| ADEREMI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Rape – Proper treatment of |
| ADEREN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE – Murder – Provocation – Jeers – Whether cannot amount to provocation |
| ADERETI V. ATTORNEY GENERAL, WESTERN NIGERIA | CRIMINAL LAW AND PROCEDURE:- Conspiracy to steal money – Stealing bank’s money – Manager allowing customer to overdraw- Whether not evidence of conspiracy to defraud the bank. |
| ADEROGBA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Witnesses – Trial Judge calling witnesses – Section 200, Criminal Procedure Ordinance – Principles applicable |
| ADETOKUNBO OGUNTOLU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Defences – Defences available to an accused – Duty on court to consider – Scope of.
CRIMINAL LAW AND PROCEDURE:- Murder – Cause of death – Need to link to act of accused. CRIMINAL LAW AND PROCEDURE:- Murder – Medical evidence of cause of death – Whether indispensable in all cases – When will not be required to prove cause of death |
| ADETOLA V. THE STATE |
CRIMINAL LAW AND PROCEDURE:- Defences – Alibi – Accused raising two conflicting alibis – Whether prosecution bound to investigate in such circumstance CRIMINAL LAW AND PROCEDURE:- Defences -Alibi -Plea of -Duty on pal ice to investigate – When it does not arise CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Burden on prosecution – How discharged CRIMINAL LAW AND PROCEDURE:- Proof – Contradictions in evidence of prosecution witness – Whether all contradictions will vitiate conviction – Relevant consideration |
| ADEWUNMI V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARRAIGNMENT OF ACCUSED PERSON(S): Whether it is mandatory for Court to record its satisfaction that accused person understood a charge
CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE: Whether identification parade is necessary in all criminal cases CRIMINAL LAW AND PROCEDURE – ARRAIGNMENT OF ACCUSED PERSON(S): Statutory provision on arraignment of an accused person – Duty thereto |
| ADEWUSI V. QUEEN |
CRIMINAL LAW AND PROCEDURE – Criminal Code, 5.328 – Information for stealing thereunder – How framed. CRIMINAL LAW AND PROCEDURE – Criminal Procedure Act S.154 (1)- Information for stealing – Name of owner of property stolen not stated – Procedure Act S. 154(j) – Information for stealing – Where name of owner of property stolen is unknown – What to do – Effect. |
| ADEYEMI V. STATE | CRIMINAL LAW AND PROCEDURE:- Armed robbery – Resistance by residents – Degree of care required
CRIMINAL LAW AND PROCEDURE – Autrefois acquit – S. 33(9), 1979 Constitution – Murder – No-case submission – Discharge thereon but accused asked to defend manslaughter – Effect thereof. CRIMINAL LAW AND PROCEDURE:- Conviction for lesser offence -S. 179, C.PA. – Conditions for applicability of |
| ADEYEMI V. THE STATE | CRIMINAL LAW PROCEDURE:- Armed robbery – Proof – When identification parade is not necessary |
| ADEYEMI AND OTHERS. V. BAMIDELE AND ANOTHER. | |
| ADEYEYE AND ANOTHER. V. THE STATE | CRIMINAL LAW – Appeal – Principles to guide Court of Appeal in deciding to interfere with sentence passed by lower court |
| ADIE V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Cause of death – Proof of
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| ADIGUN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Evidence – Confessional statement – Voluntariness conviction on. |
| ADIKUN OKE V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Stealing, contrary to section 390 of the Criminal Code (Cap. 43); – Joint trial – Trial a declared nullity in case of one accused but not in case of co-accused – Criminal Procedure Ordinance, section 287 (1) – Accused without Counsel not informed of his rights at close of Prosecution’s case – Co-accused with Counsel – Effect |
| ADIO AND ANOR. V. THE STATE |
CRIMINAL LAW AND PROCEDURE:- Sections 7 and 8 of the Criminal Code – Applicable principles. CRIMINAL LAW AND PROCEDURE:- Several persons charged with crime – Proper approach for trial Court to adopt thereat. |
| ADISA V. ATTORNEY-GENERAL, WESTERN NIGERIA | CRIMINAL LAW:- Amendment of charges – Need for fresh plea – Right to recall witnesses – Whether accused to be asked if ready – Need for Information to be signed – Proper treatment |
| ADJEI AND ANOTHER V. THE KING | CRIMINAL LAW:- Sedition – How proved – Intention required to convict for seditious writing – Whether the proprietor of a newspaper is answerable criminally for the publication of a libel, though he has nothing to do with the publication and the whole is conducted by his servants |
| ADU V. LASISI | CRIMINAL LAW AND PROCEDURE:- Charge —Contempt of Court—Where accused brought before a Magistrate – Duty of Magistrate to proceed with trial – Criminal Code s. 133(8).
CRIMINAL LAW AND PROCEDURE:- Contempt of Court – Refusal to obey Court order to quit land –Where Defendant in no doubt about land in dispute-Whether plan of land necessary. |
| ADUNFE V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE- Visit to locus in quo in absence of accused – Whether merely an irregularity – Effect thereof. |
| AFILAYA V. QUEEN | CRIMINAL LAW AND PROCEDURE: – Murder – Proof – Circumstantial evidence – When deemed sufficient
CRIMINAL LAW AND PROCEDURE: – Participes criminis – S. 7(c) Criminal Code – Extent of liability – How determined |
| AFOLABI V. C. O. P. |
CRIMINAL LAW – STEALING: Confession – Requirements of confession – When satisfied. CRIMINAL LAW: Confession – Effect of Retraction of confession – Failure of prosecution to elicit direct and explicit confession or corroboration |
| AFONJA V. AIYELAGBE | |
| AFRICAN CONTINENTAL BANK PLC. V. VICTOR NDOMA-EGBA | CRIMINAL LAW AND PROCEDURE – Forgery – Allegation of – When made – Standard of proof of in civil case – On whom onus ties – Whether discharged by ipse dixit |
| AFRICAN PRESS LTD V. ATTORNEY-GENERAL, WESTERN NIGERIA | CRIMINAL LAW AND PROCEDURE:- Seditious publication – Defence of truth – Fair trial – What constitutes |
| AGA V. THE STATE |
CRIMINAL LAW:– Murder – Proof of – When the defence of provocation will not avail the accused CRIMINAL LAW AND PROCEDURE:- Criminal charge – “Act done in furtherance of a criminal act or the prosecution of an unlawful act” – Meaning and context – Duty of a court when an accused is charged under the wrong law or section of a statute |
| AGAGARAGA V. THE FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – Arraignment of accused person – Proper arraignment – What amounts to – Requirements of – Need for court to satisfy itself that accused understands the charge read to him – Section 36(6), 1999 Constitution and section 218, Criminal Procedure Law.
CRIMINAL LAW AND PROCEDURE – Double jeopardy in criminal process – What amounts to – Whether Constitutional – Section 36(9), 1999 Constitution. |
| AGBOCHI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Private arrest – Preventing escape from – Extent of force exercisable by private person – Section 272 Criminal Code. |
| AGBACHOM V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Courts—Contempt of Court – Summary power of punishment – Need for same to be used sparingly
CRIMINAL LAW AND PROCEDURE:- Courts—Contempt of Court – Need for same to be proved beyond reasonable doubt CRIMINAL LAW AND PROCEDURE:- Courts-Contempt of Court — Where trial judge wishes to deal summarily with case of contempt in face of court – Whether accused to be put not in witness box but in dock — Constitution of Federation s. 22 (9) – Effect CRIMINAL LAW AND PROCEDURE:- Courts —Contempt of Court — Charge not specifying under which provision accused was charged – If acting under s.133 of Criminal Code then case to be tried before different Court. |
| AGBANYI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Alibi – Where raised – Onus on accused – Standard of Proof – Whether accused has duty to prove plea – Evaluation of Evidence by trial Court. |
| AGBOCHI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Private arrest – Preventing escape from – Extent of force exercisable by private person – Section 272 Criminal Code. |
| AGBOJE V. QUEEN |
CRIMINAL LAW AND PROCEDURE:- Murder – Proof thereof – Admission of depositions of two witnesses without following procedure – Whether conviction sustainable on other evidence recorded in notes of trial judge – How treated by appellate court CRIMINAL LAW AND PROCEDURE:- Deposition of witness – Admission under Section 34(1) Evidence Act – Proper way of doing same – Duty of Court |
| AGERA V. QUEEN | CRIMINAL LAW AND PROCEDURE – Murder – Identification – By people witnessing murderous attack who believed themselves to be in danger of being killed – Attitude of court.
CRIMINAL LAW AND PROCEDURE – Murder – Identification – When unreliable – Effect. |
| AGHALUWHE V. QUEEN | CRIMINAL LAW AND PROCEDURE: Murder – Defence of provocation – Defence of insanity – Onus on accused |
| AGOMA ACHAJI AND OTHERS V. COMMISSIONER OF POLICE | CRIMINAL PROCEDURE:- Prosecutor’s right of reply – Accused giving evidence but calling no witnesses – Criminal Procedure Code, ss. 191 (1) (b), 194(1), 228 – Effect |
| AGU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Alibi – Failure by defendant to put forward any facts in support of his alleged alibi – Defendant’s presence at scene of crime established by credible evidence – Defendants’ evidential burden not discharged – conviction of Murder re- affirmed |
| AGUMADU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Conviction for lesser offence – Count of attempted murder laid under subsection (1) of s. 320 of Criminal Code; with allegation of matchet cuts—Conviction for unlawful wounding – When proper |
| AHMED V. STATE |
CRIMINAL LAW AND PROCEDURE:- Common intention – Offence committed in furtherance of – Who is liable therefor- Section 79 Penal Code. CRIMINAL LAW AND PROCEDURE:- Common intention – Where offence committed in furtherance of – How common intention inferred – Whether express agreement the only evidence of. |
| AHMED OLAYIWOLA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Causing death through the procurement of unlawful abortion- Burden of proof – Duty of prosecution thereto – Whether not dependent on calling all the witnesses scheduled
CRIMINAL LAW AND PROCEDURE:- Criminal proceedings – Proof of crime – Whether prosecution needs to call all witnesses – How treated |
| AIG EUROPE (UK) LTD AND OTHERS V. THE ETHNIKI | CRIMINAL LAW AND PROCEDURE:- Armed Robbery contrary to “Robbery and Firearms (Special Provisions) Decree 1970” – Defence of Alibi – Age of accused at time of commission of offence – Effect on death sentence. |
| AIGBE V. THE STATE | CRIMINAL LAW AND PROCEDURE – CONSPIRACY:- A count charging general conspiracy to commit an offence – Whether needs to state the object of the conspiracy with the same certainty as a charge for the offence conspired to be committed |
| AJANAKU V. C.O.P | CRIMINAL LAW AND PROCEDURE:- Criminal conviction – Right of appeal to the Supreme Court – Application for leave to appeal against decision of the Federal Court of Appeal given on appeal from appellate decision of High Court – Where Certificate of Attorney-General authorizing further appeal to Supreme Court is a prerequisite – Effect of failure to obtain same – Constitution (Amendment) (No. 2) Decree, 1976, section 117 sub-sections (4) and (5) and Federal court of Appeal Decree 1976; Section 31. |
| AJAO V. QUEEN | CRIMINAL LAW AND PROCEDURE: Murder – Testimony of eye witnesses – Conviction thereon – Need for exercise of caution therefor.
CRIMINAL LAW AND PROCEDURE – Conflicts in evidence implicating accused of murder- How resolved. CRIMINAL LAW AND PROCEDURE – Identification parade – Accused person identified thereat – Witness not stating what part accused played in the commission of the crime – Whether not sufficient for conviction. |
| AJAYI V. ZARIA NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE – Fair trial – Meaning – Interpretation of evidence for accused. |
| AJIBOYE AND ANOR V. THE STATE | CRIMINAL LAW AND PROCEDURE- “No case” submission – Ruling thereon – What it should contain.
CRIMINAL LAW AND PROCEDURE – “No-case” submission – Meaning and connotation of. CRIMINAL LAW AND PROCEDURE – “No-case” submission – Plea of – What accused must show to succeed – What trial court faced therewith need consider. |
| AJIDAHUN V. THE STATE |
CRIMINAL LAW AND PROCEDURE ‑ Accused’s statement to police ‑ Recording of ‑ Need to record in language used by accused or something as near as possible to it. CRIMINAL LAW AND PROCEDURE ‑ Circumstantial evidence ‑ Conviction pursuant to ‑ Requirements. CRIMINAL LAW AND PROCEDURE ‑ Defences ‑ Defence of accused ‑ Duty on court to consider same – Effect of failure thereto |
| AJIJOLA AND ANOTHER V. THE STATE | CRIMINAL LAW:– Cheating/Deception of young woman – Rape – Proof of – Effect of wrongly admitted evidence around which the case turns |
| AJISEFINI V. THE QUEEN |
CRIMINAL LAW AND PROCEDURE: – Murder – Proof of same – Duty of prosecution to discharge evidentiary burdens CRIMINAL LAW AND PROCEDURE – POLICE: – Police lending themselves as extra-judicial enforcers of rival civil claims – When crime arises therefrom – Questioning of accused persons in custody – Need for Police to observe evidentiary formalities with regard to exhibits and accused persons – Attitude of court thereto |
| AJODHA V. THE STATE AND OTHER APPEALS | CRIMINAL LAW AND PROCEDURE:- Murder – Robbery – Rape – Nature of evidence needed to convict
CRIMINAL LAW AND PROCEDURE – EVIDENCE:- Confessional Statement – Where repudiated by maker as involuntary – Admissibility – Duty of court thereto |
| AKADILE V. THE STATE | |
| AKANDE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE -Judgment- Oral judgment – Compliance with section 245 of the Criminal Procedure Ordinance – Whether mandatory – Effect of non-compliance. |
| AKANG V. THE STATE | |
| AKANNI V. THE QUEEN |
CRIMINAL LAW AND PROCEDURE:- Murder and arson – Murder occasioned by striking a match and setting house on fire – liability of persons present at crime scene or part of the mob – Burden of prosecution to tie accused persons to the crime or prove common intention among accused persons to kill the deceased or set the house on fire – Mere presence of a party at scene of murder – Whether enough to raise presumption of fact under Section 8 of Criminal Code CRIMINAL LAW AND PROCEDURE:- Section 8 of Criminal Code – Connotation and denotation – Conditions for the application of section – Need to prove common intention to commit crime charged – Whether nature of the song sung by a mob can be evidence of a common desire to kill |
| AKIBU HASSAN V. THE STATE |
CRIMINAL LAW AND PROCEDURE – Confessional statement of accused – Desirability of having outside the confession some evidence of circumstances which make it probable that confession was true – Whether an accused person can be convicted on his confession alone. CRIMINAL LAW AND PROCEDURE – Retracted confessional statement – Whether an accused can be convicted on |
| AKILU V. FAWEHINMI | CRIMINAL LAW:- Murder – Conspiracy to murder – Proof of |
| AKINBISADE V. THE STATE | Criminal Law and Procedure:- Prosecution – Duty to prove case beyond reasonable doubt. |
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