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CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE IN NIGERIA
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CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE IN NIGERIA
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| TITLE | MAIN ISSUES |
| AKINBOLADE DELE V. THE STATE | CRIMINAL LAW AND PROCEDURE – EVIDENCE – PROOF OF ARMED ROBBERY: What needs to be proved to secure a conviction for armed robbery CRIMINAL LAW AND PROCEDURE – STATEMENT OF A CO-ACCUSED: The effect of a using the statement of an accused person against a co-accused suspect CRIMINAL LAW AND PROCEDURE – EVIDENCE – CONFESSIONAL STATEMENT OF AN ACCUSED PERSON: Whether confessional statement of an accused person can solely provide the basis for his conviction |
| AKINKUNMI AND OTHERS V. THE STATE | CRIMINAL LAW AND PROCEDURE:- What needs to be proved to secure a conviction for armed robbery Murder – Committed in course of prosecution of unlawful purpose. |
| AKINLEMIBOLA V. C.O.P | CRIMINAL LAW AND PROCEDURE:- Corruptly receiving from a Chief Superintendent of Police – Section 98(1)(a)(ii) of the Criminal Code. |
| AKINLOYE V. WEY | CRIMINAL LAW AND PROCEDURE:- Charges – Alternative charges cancelled by Judge Advocate after verdict of “guilty” had been pronounced – Whether proper. CRIMINAL LAW AND PROCEDURE:- Charges – Paucity of particulars – Failure of defence Counsel to ask for further and better particulars – Effect. CRIMINAL LAW AND PROCEDURE:- Charges laid under S.48 Navy Act, 1964 to cover period when Act was not in force – Whether conviction recorded thereunder sustainable |
| AKINOLA OLATUNBOSUN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Purpose of a charge – whether a charge for murder in any of the Southern States can be correctly brought under section 319 of the Criminal Code – Whether a free and voluntary confession of guilt made by an accused person is sufficient to warrant a conviction CRIMINAL LAW AND PROCEDURE – CHARGING AN ACCUSED UNDER A WRONG LAW OR SECTION OF THE LAW:- Appellant charged under the punishment section and not the section of a statute that created the offence – When the facts on which an appellant was convicted are known to law – Whether the fact that the accused was charged under a wrong law or section of the law, will lead to his acquittal |
| AKINTOMIDE V. COP | |
| AKINWUNMI V. C.O.P. | CRIMINAL LAW AND PROCEDURE:- Charge of stealing a particular sum – Prosecution proving only a portion – Whether conviction possible. |
| AKINYEMI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Alternative Counts – Conviction on all counts – Propriety of CRIMINAL LAW AND PROCEDURE:- Manslaughter arising from driving of vehicle – Degree of negligence required to sustain charge |
| AKOLU V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Proof of crime – Onus on the prosecution – Effect of failure to discharge the onus. |
| AKOSILE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Material points – What constitutes – Resolution of contradictions. |
| AKPABIO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Extra judicial statement of a witness – Sworn evidence of the witness – Conflict and contradiction between – Effect – Duty on witness to explain. CRIMINAL LAW AND PROCEDURE:- Manslaughter – Ingredients of. CRIMINAL LAW AND PROCEDURE:- Murder – Ingredients of – Duty on court to consider verdict of manslaughter and possible defer( e s open to the accused. CRIMINAL LAW AND PROCEDURE:- Offences – Charge of murder – When accused may be convicted of manslaughter. CRIMINAL LAW AND PROCEDURE:- Proof of crime -Contradiction in evidence of prosecution – Whether in all cases fatal to prosecution’s case – Test as to whether it is fatal or not. |
| AKPAN V. STATE | CRIMINAL LAW AND PROCEDURE – Defences – Alibi – Meaning of – When raised – Purpose of – Duty on prosecution – Duty on accused CRIMINAL LAW AND PROCEDURE:- Proof of crime – Failure of prosecution to call vital witness – When to call vital witness – What defence must do -Witnesses named in proof of evidence – Whether prosecution obliged to call all – Relevant considerations |
| AKPAN BEN AKPAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Confessional statement– need for corroboration to determine correctness CRIMINAL LAW AND PROCEDURE:– Murder – Duty on prosecution to prove offence beyond reasonable doubt – Effect of failure thereto |
| AKPAN BEN AKPAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence – Whether can ground conviction – Nature of evidence thereof required CRIMINAL LAW AND PROCEDURE:- Confession – Extra-judicial confession – Meaning of – Confession – Where retracted – Whether can ground conviction |
| AKPAN MBAT UKPE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Burden of proof in criminal trials – Duty on prosecution to prove criminal charge beyond reasonable doubt – What amounts to proof beyond reasonable doubt CRIMINAL LAW AND PROCEDURE – Defence of claim of right under section 23 of Criminal Code – Ingredients of. |
| AKPAN UDO UKUT AND OTHERS V. THE STATE | CRIMINAL LAW AND PROCEDURE: – Evidence – Accomplice evidence – Evidence of defendant implicating co-defendant – Duty of court thereto CRIMINAL LAW AND PROCEDURE: – Rape – Proof thereof – Evidence of prosecutrix – Whether needs corroboration – Whether court can convict based on it alone |
| AKPAN V. STATE | CRIMINAL LAW AND PROCEDURE – Confessional statement – Retraction of – Whether fact thereof makes it inadmissibility. CRIMINAL LAW AND PROCEDURE – Confessional statement – Validity of to ground conviction. |
| AKPAN V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof – Eye witness accounts – Whether absence of motive is immaterial – How treated |
| AKPAN V. THE STATE | CRIMINAL LAW AND PROCEDURE: – Murder – Proof of – Sworn evidence of 12 year old eye-witness – Desirability of corroboration of such evidence – Where wrong evidence is treated as corroboration – Duty of appellate court to quash conviction CRIMINAL LAW AND PROCEDURE:- Evidence – Statement admissible both as a dying declaration and as part of the res gestae – When given by a 12 year old – Whether requires corroboration – Whether evidence of dying declaration can be corroboration of the boy’s evidence – Effect |
| AKPASUBI V. UMWENI | |
| AKPOBASA V. THE STATE | |
| AKWO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Appeals – Counsel not urging any ground of appeal – Effect of |
| ALABI V. STATE | |
| ALABI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Commission of crime in prosecution of common purpose – Section 8 of Criminal Code, Cap. 42 – Effect CRIMINAL LAW AND PROCEDURE – Eye witness account – Supported by statement of accused to police – Whether sufficient for conviction. |
| ALADESUSI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Placing an accused person under medical observation – Propriety of |
| ALAKE V. STATE | CRIMINAL LAW AND PROCEDURE:- Arraignment – What it consists of CRIMINAL LAW AND PROCEDURE:- Charges – Charge offending against rules of duplicity and misjoinder – Effect of trial conducted thereon. CRIMINAL LAW AND PROCEDURE – Charges – Duplicity and misjoinder – Whether issues of law or fact – Appropriate stage to raise. |
| ALAKE V. STATE | CRIMINAL LAW AND PROCEDURE:- Findings of trial Court at variance with particulars of offence alleged -Conviction thereon – Validity – Attitude of appellate court CRIMINAL LAW AND PROCEDURE:- Offences -Forgery – Ingredients of – What does not amount to proof of CRIMINAL LAW AND PROCEDURE:- Offences – Uttering forged cheques and stealing money thereby – What must be proved by the prosecution |
| ALASHI V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Official corruption – Section 116(1), Criminal Code – What constitutes an offence thereunder |
| ALBERT IGBINE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Corroboration – Nature of – Whether can come from the defence – Principle applicable CRIMINAL LAW AND PROCEDURE:- Corroboration – When required – What amounts to CRIMINAL LAW AND PROCEDURE:- “Rape” – Meaning of – Section 282 (1) of the Penal Code |
| ALBERT IKE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Onus on prosecution to prove guilt of an accused to high degree of certainty in capital cases – Contradictory evidence – Failure to resolve – Effect |
| ALBERT V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder –Sufficiency of the proof of Intention to cause grievous harm in sustaining charge. |
| ALERI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Ingredients – How proved Defence of Provocation – Relevant considerations |
| ALEWO ABOGEDO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Proof of crime – On whom lies onus of proof – Duty of court – Treatment of contradictions in evidence of prosecution witnesses – Defence resting case on evidence of prosecution – Effect and danger of |
| ALHAJI ADEBOLA OLAKUNLE ELIAS V. CHIEF TIMOTHY OMO-BARE | |
| ALHAJI MOHAMMED MMAMMAN V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:- Criminal charge filed before the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal – Offence of granting unauthorized advances or credit facility |
| ALHAJI MUJAHID DOKUBO-ASARI V. FEDERAL REPUBLIC OF NIGERIA | |
| ALHAJI SALISU BABUGA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder -Absence of the corpse-Whether fatal to the prosecution’s case – When not fatal. CRIMINAL LAW AND PROCEDURE:- Murder – Cause of death – How established – Duty on prosecution in respect thereof CRIMINAL LAW AND PROCEDURE:- Murder – Cause of death – Medical evidence – Whether indispensable in all cases to establish cause of death – When may be dispensed with. |
| ALI AND ANOTHER V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder contrary to S254(4) Criminal Code, Cap. 28 L.W.R.N. – Defence resting case on prosecutions case – Section 287(I)(a), Criminal Procedure Act – Effect of. |
| ALI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable homicide punishable with death – Weight of evidence required – Corroboration. |
| ALL PROGRESSIVES CONGRESS V. PEOPLES DEMOCRATIC PARTY & ORS | CRIMINAL LAW AND PROCEDURE – FORGERY: Standard of proof |
| ALO CHUKWU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Witnesses – Duty of prosecution to call same – Scope of – Whether fatal to the prosecution’s case where its witnesses are members of same community or family with deceased – Defences – Self defence, provocation, accident -Essential requirements of- When will the defences avail an accused – Whether an accused can properly rely on all the defences on the same evidence. |
| ALONGE V. ATTORNEY GENERAL WESTERN NIGERIA | CRIMINAL LAW AND PROCEDURE:- Appeals in Criminal Cases – Where based on miscarriage of justice – Case where none proved – Effect CRIMINAL LAW AND PROCEDURE:- Homicide – Murder fuelled by belief in witchcraft caused by oath taken to fend off accusation of adultery with deceased person – Provocation – Whether words can be provocation. |
| ALUKO V. D.P.P. (W.R.) | CRIMINAL LAW AND PROCEDURE:- Criminal Procedure Ordinance, Ss. 77 and 277- Non-indictable offence – Triable summarily. CRIMINAL LAW AND PROCEDURE:- Criminal Procedure Ordinance, 5.276 – Summary trials – Powers of Chief Justice to make rules. |
| AMADU TEA V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Bail – Surety -Forfeiture of bond – Bond not exhibited – Whether forfeiture proved – Recovery of penalty – Imprisonment when lawful – Criminal Procedure Code ss. 304, 354 |
| AMADU TEA V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Bail – Surety -Forfeiture of bond – Bond not exhibited – Whether forfeiture proved – Recovery of penalty – Imprisonment when lawful – Criminal Procedure Code ss. 304, 354 |
| AMADASUN V. COMMISSIONER OF POLICE WESTERN REGION | CRIMINAL LAW AND PROCEDURE:– Charges of obtaining by false pretences, impersonation and conspiracy to defraud – How proved |
| AMAEFULE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Filing of information while proceedings are pending in lower coup – Compliance with s.18 (ee) of the Criminal Procedure (Miscellaneous Provisions Law No. 19 of 1974, Cap. 31, Laws of Eastern Nigeria, 1963. |
| AMAKO V. STATE | CRIMINAL LAW AND PROCEDURE:- Filing of charge – Amended charge – Duty on court to obtain plea of accused thereto. CRIMINAL LAW AND PROCEDURE – Defences – Drunkenness – Fact that accused is in the habit of smoking Indian Hemp – Whether sufficient to exculpate accused. CRIMINAL LAW AND PROCEDURE-Defences -Insanity-Accused alleging that he is insane – Duty thereon. |
| AMALA V. STATE | CRIMINAL LAW AND PROCEDURE:- Arraignment – Essential Requirements – Section 215, Criminal Procedure Act – Whether fatal – Where accused complains that charge was not satisfactorily read and explained to him – How proved – Failure of trial court to record that charge was read over and explained to accused to his satisfaction – Legal effect CRIMINAL LAW AND PROCEDURE:- Proof of crime – Circumstantial evidence – Nature of evidence required to ground conviction – Where strong circumstantial evidence is led against an accused person in a criminal trial and this give rise to the drawing of a presumption or inference irresistibly warranted by such evidence – Whether trial court will not hesitate to draw such a presumption or inference so long as it is so cogent and compelling as to convince the court that on no rational hypothesis other than the inference can the facts be accounted for |
| AMEH V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Culpable homicide punishable with death – 5.221 Penal Code – Northern Nigeria – Defences – Right of private defence – S.59 Penal Code – Defence of own body and other’s – S.60, Penal Code – Failure of Judge to evaluate evidence properly – Effect on appeal. |
| AMEH RICHARD V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Essential ingredients of the offence of murder by gunshot –Intent – How proved – Whether court can convict and sentence without forensic certification and confirmation of the particular bullets that killed the victim and the guns they emanated from CRIMINAL LAW AND PROCEDURE:– Proof of crime – Identification parade – Evaluation of the identification parade |
| AMINU MOHAMMED AND THE STATE | |
| AMINU TANKO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Sentencing – How the court sentences in cases where the sentence prescribed is term of years of imprisonment – Whether can use discretion |
| AMOO AND OTHERS V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Crowd acting in concert – Proof of common intention – Section 8, Criminal Code CRIMINAL LAW AND PROCEDURE:- Reading of Deposition to refresh witness’s memory – Conditions governing – Where read – Propriety of – Section 215(1) of Evidence Ordinance. |
| AMOS BUDE V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY- Criminal proceedings – Whether the proceedings of the Court below are a nullity by reason of the failure of the Appellant to make a fresh plea to the Amended Charge- Appropriate order to make when a trial is held to be a nullity |
| AMUSA V. THE STATE | CRIMINAL LAW – Murder – Use of circumstantial evidence. CRIMINAL LAW AND PROCEDURE:– Conviction of an accused in a charge of causing death by dangerous driving – Road traffic offences – Conviction of – Degree of negligence sufficient to sustain same – How proved – Sections 4 and 5(1) of the Federal Highways Act 1971 – How treated CRIMINAL LAW AND PROCEDURE: – Proof of crime – Identity of deceased person and cause of death – Medical officer in the service of a state – Whether competent to perform a post mortem examination |
| AMUSAN V. BENTWORTH FINANCE (NIG.) LTD | |
| ANAKWE V. C.O.P | CRIMINAL LAW AND PROCEDURE:- Application for bail – Whether failure by the prosecutor to prefer or file proof of evidence against the appellant within 75 days as ordered by the Learned trial Judge, entitles the appellant/applicant to be admitted to bail |
| ANANABA OHUKA AND ORS V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – No case submission – Meaning of – When a no case submission may be made and upheld |
| ANDOOR AGINDE V. REGINA | CRIMINAL LAW AND PROCEDURE:- Murder – Provocation – Proportionality of. |
| ANEKWE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Circumstantial Evidence – Contradictory evidence of prosecution witness – Whether sufficient to ground conviction – Accused telling lies – Whether evidence of guilt. |
| ANI V. QUEEN | CRIMINAL LAW AND PROCEDURE: – Murder – Duty of prosecution – When facts are deemed amply proved – Defence of provocation – Failure thereof |
| ANKWA V. THE STATE | |
| ANOFI ADEKUNBI OPAYEMI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Appeal against conviction of wounding with intent — Criminal Procedure – Duty of the prosecution – Defence of the Appellant not investigated – Effect of CRIMINAL LAW AND PROCEDURE:- Proof of crime – Whether Prosecution not bound to can all witnesses – Witness whose evidence would settle a vital point one way or the other – Effect of failure to call such a witness – Criminal Code, of Western Nigeria, Cap. 28, S. 272(1) |
| ANOWELE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Conspiracy – Persons charged for break in – Possession by one of (a)housebreaking tools (b)firearms – Proper treatment – Sentences – Terms given for conspiracy and for breaking in – How to run. |
| ANTHONY EJINIMA V. THE STATE | CRIMINAL LAW AND PROCEDURE – DEFENCE OF INSANITY: Onus of proving insanity – On whom lies – Standard of proof required – Whether on a prepondrance of evidence or on the balance of probability CRIMINAL LAW AND PROCEDURE – VOLUNTARY CONFESSION OF GUILT BY AN ACCUSED PERSON: Whether a free and voluntary confession of guilt of an accused person, if direct and positive and satisfactorily proved can warrant a conviction, even if there is no corroborative evidence. |
| ANTHONY EMEKA ANI V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Bail – exercise of discretion of a Judge of the High Court in granting bail where an accused person is charged with any offence punishable with death pursuant to section 118(1) of the Criminal Procedure Law of Lagos State 1994 – applicable principles. CRIMINAL LAW AND PROCEDURE – Bail – principles governing grant of bail – Onus on accused person and prosecution with respect to same. CRIMINAL LAW AND PROCEDURE – Bail – Medical report issued by a General Hospital indicating that an accused is suffering from a terminal disease requiring treatment – whether qualifies as an exceptional circumstance justifying the grant of bail for an accused person charged with murder |
| ANTHONY NWACHUKWU V. THE STATE | |
| ANTHONY OKOBI V. THE STATE | CRIMINAL LAW AND PROCEDURE – ROBBERY:- Constituents of armed robbery |
| ANUM V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Hitting of deceased with rifle butt on his chest – Section 32(b) of Criminal Code Cap. 30 – How treated |
| ANYA V. ANYA & ORS | CRIMINAL LAW:- Forgery – legal implication- Standard of proof required |
| ANYANWU V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Accused person testifying against co-accused – Cross-examination of as to bad character – Where disallowed by judge – Effect. CRIMINAL LAW AND PROCEDURE:- Accused person testifying against co-accused – Cross-examination of as to bad character – Whether permissible. |
| ANYANWU V. THE STATE | CRIMINAL LAW AND PROCEDURE – DUTY OF TRIAL JUDGE:- Where an interpreter is provided at the commencement of trial and a record of this is made – Whether it is desirable and a constitutional duty of the trial Judge to record this fact also on the subsequent days of the trial when use is made of the interpreter – Where Judge fails to make a record of the use of the interpreter in subsequent days – Whether the trial is per se vitiated |
| ANYIAM V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:— Corruption —Proof of – Member of Police Force asking money for another for something to be done by that other person — Resolving doubt on evidence in accused’s favour — Criminal Code, section 116 (1) – Effect |
| ANYIM V. STATE | CRIMINAL LAW AND PROCEDURE:— Murder – Proof of – Defences – Legal Insanity/delusions – Statutory elements – How proved – Whether a question of fact which is dependent upon the previous and contemporaneous acts of the party – Whether the evidence of insanity of ancestors and blood relations are relevant and admissible, and the evidence of a doctor not necessarily always essential – Whether there is a legal defence for pre-emptive killing |
| ANYIM V. THE STATE | CRIMINAL LAW AND PROCEDURE:— Murder – Proof of – Defences – Legal Insanity/delusions – Statutory elements – How proved – Whether a question of fact which is dependent upon the previous and contemporaneous acts of the party – Whether the evidence of insanity of ancestors and blood relations are relevant and admissible, and the evidence of a doctor not necessarily always essential – Whether there is a legal defence for pre-emptive killing |
| APAMPA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Public Officer – Corruption and Abuse of Office – Acquiring or holding private interest in official contract – Trial Judge ruling that accused had no case to answer on ground that he was not a person employed in the Public Service – s.85 and s.88 of Criminal Code Cap. 28 Laws of Western Nigeria – How treated |
| APISHE V. THE STATE | CRIMINAL LAW:- Murder Contra s. 319 of the Criminal Code – Proof of CRIMINAL LAW AND PROCEDURE – DEFENCES:— Defence of Provocation – Question of Class provocation – Duty of Court to consider the issue of provocation if it is implicit in the evidence and even if the defence has not specifically raised it CRIMINAL LAW AND PROCEDURE:— Common intention – Whether inferrable from circumstantial evidence |
| APPIAH DANKWA AND OTHERS V. THE KING | CRIMINAL LAW AND PROCEDURE:- Offences against the safety of the State – Charges under section 324 of the Gold Coast Criminal Code – How proved CRIMINAL LAW AND PROCEDURE:- Plea of Alibi – Omission by judge in case tried by assessors to state specifically that the failure of an alibi does not lessen onus laid upon prosecution – Whether not fatal CRIMINAL LAW AND PROCEDURE:- Indictment, Conviction and Sentencing – Rule that no one count of the indictment should charge the defendant with having committed two or more separate offences – Test – Giving of maximum sentence upon each count to convicted persons without distinction – When justified – Relevant considerations – Duty of court to weigh mitigating circumstances |
| APUGO V. STATE | CRIMINAL LAW AND PROCEDURE – Defences – Self-defence – Nature of – Effect of – When will avail accused charged with murder – Where successfully raised – Effect – Whether same as successful plea of provocation – When will avail accused. |
| ARA-NDE V. QUEEN | CRIMINAL LAW AND PROCEDURE – Conviction – Substitution of verdicts – Section 27(1) of the Federal Supreme Court Ordinance – When unnecessary. |
| ARC AMINU DABO V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW:- Corruption and Abuse of Office – How treated |
| ARCHIBONG V. STATE | CRIMINAL LAW AND PROCEDURE: – Proof of crime via circumstantial evidence – Standard of proof required – When sufficient to prove commission of crime – Duty on prosecution – Relevant considerations |
| ARCHIBONG V. THE STATE | CRIMINAL LAW AND PROCEDURE:— Murder – Standard of proof – Balance of probability instead of beyond reasonable doubt – Weight – Evidence when deemed inconclusive |
| ARCHIBONG UMO UDO V. CROSS RIVER STATE NEWSPAPER CORPORATION | CRIMINAL LAW AND PROCEDURE – FAIR HEARING:– Allegations of crime – Whether a panel of inquiry has jurisdiction to investigate same – Section 33(4) of 1979 Constitution considered |
| AREBAMEN V. THE STATE | CRIMINAL LAW AND PROCEDURE:— Arson – Mens rea – Defence of Alibi – Discharge of Alibi |
| AREHIA & ANOR. V. THE STATE | CRIMINAL LAW AND PROCEDURE:— Manslaughter – Grievous bodily harm – Driving without licence –How proved CRIMINAL LAW AND PROCEDURE:- Evidence – Cross-examination of witness who has made a previous statement in writing – Whether a witness may be cross-examined as to previous statement made by him in writing or reduced into writing by the police or anyone else without such writing being shown to him or being produced – Purpose of such cross-examination – Where the witness admits making the statement – Whether it becomes unnecessary to produce the statement |
| AREMU V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:— Criminal appeals to Supreme Court from High Court’s appellate decision arising from decision of magistrate court – ‘weight’ of evidence as ground of appeal on facts – How treated |
| AREMU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Armed robbery – Proof of – Doctrine of recent possession of stolen vehicle – When applicable. CRIMINAL LAW AND PROCEDURE:- Confession – Conviction based on retracted confession – Whether proper CRIMINAL LAW AND PROCEDURE:- Confession – Retracted confession – Evidence corroborating confession – Whether conviction can be based thereon CRIMINAL LAW AND PROCEDURE:- Defences -Alibi -Proper time to raise – Whether can be raised during cross-examination of accused CRIMINAL LAW AND PROCEDURE – Doctrine of recent possession – Meaning and effect in Nigerian criminal law. |
| ARICHE V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of Crime – Duty of Prosecution – Corpus delicti – Where there is absence of corpse of deceased person – Circumstantial evidence – Whether sufficient to ground conviction of accused CRIMINAL LAW AND PROCEDURE: – Murder – Absence of deceased’s body – Whether fatal to prosecution’s case. CRIMINAL LAW AND PROCEDURE:-Murder trial – Doctrine of Last Seen – Effect on traditional onus on prosecution – Onus on Accused person – what the prosecution needs to prove – section 138 of the Evidence Act |
| ARTHUR ONYEJEKWE V. THE STATE | CRIMINAL LAW AND ORDER – CONVICTION: Whether sentence based on conviction that is not in line with the appropriate statutory wording is defective CRIMINAL LAW AND PROCEDURE – CAUSE OF DEATH: Whether court can draw inference on the cause of death CRIMINAL LAW AND PROCEDURE – CONVICTION: Power of Court of Appeal and the Supreme Court over same |
| ARUA EME V. THE STATE | CRIMINAL LAW AND PROCEDURE:— Trial – Judge’s failure to ask defendant without counsel if he has witnesses – Effect – Whether depends on circumstances of case. |
| ARUM V. THE STATE | CRIMINAL LAW:- Murder – Proof of – Defences – Insanity – Whether evidence of insanity of ancestors or blood relatives and evidence of illness exhausting the brain is admissible and relevant – Whether medical evidence is admissible but not essential CRIMINAL LAW:- Criminal Code, Section 28 – Two limbs implied therein and effect – Delusion – Need to differentiate same from Insanity – Effect of failure thereof – Where proved – When accused is “guilty but insane” or “is not criminally responsible” for the act or omission |
| ARUNA & ANOR. V THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY:- Where evidence of threat or use of unlawful violence is proved – Whether enough in the absence of proof of robbery or stealing to convict for armed robbery CRIMINAL LAW AND PROCEDURE – STEALING OR ROBBERY:- Meaning of – Ingredients – How proved – Whether before there can be robbery there must be first of all an act which amounts to stealing CRIMINAL LAW AND PROCEDURE – EVIDENCE – CONTRADICTIONS:- Conflict in the evidence of key prosecution witnesses – Where raises a doubt as to the truth of the testimony of the complainant – Duty of court to resolve that doubt in favour of the appellant – Whether open to the court to pick and choose between the testimonies of witnesses without any further explanation or foundation for a different course |
| ARUEYEE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Failure by trial court to advert to various discrepancies in the evidence of witnesses on material points – Failure to make adequate findings on material points – Miscarriage of justice – Improper inferences by trial court. |
| ARUTU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Inspection of locus in quo – Principles applicable – Irregular procedure – Effect CRIMINAL LAW AND PROCEDURE – Right of accused to cross-examine witnesses – Denial of – Effect. |
| ARZIKA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Conviction – When set aside – Effect CRIMINAL LAW AND PROCEDURE:- Fraudulent false accounting – Signing of false Certificate – Whether offence proved CRIMINAL LAW AND PROCEDURE:- Prosecution withholding material evidence – Propriety of |
| ASABA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Mockery and Jeers over skin condition – Taunt of accused as leprous – Whether evidence of legal provocation |
| ASABE ABDULLAHI V. THE STATE | CRIMINAL LAW – MURDER: – Offence of Culpable Homicide punishable with death contrary to Section 221 (b) of the Penal Code Law – How proved – Relevant considerations CRIMINAL LAW PROCEDURE – AMENDMENT TO A CHARGE: – Section 208 (2) of the Criminal Procedure Code is fundamental error – Need for the requirement for a valid arraignment to be complied with afresh when there is an amendment to a charge – Power of Judge under section 208 (1) of the Criminal Procedure Code to amend or after the charge at any stage of trial before Judgment – Whether section 208 (1) of the Criminal procedure Code makes it mandatory for the trial Judge who amends or alters a charge to take the plea of the Accused Person before he proceeds with the Case or Judgment whichever is the Case – When trial Judge decided to amend the charge at the stage of Judgment – Whether procedure was wrong – Duty of a judge to suspend judgment when he decide to amend the charge – Whether failure to comply with Section 208 (2) of the Criminal Procedure Code is fundamental error and is fatal to the whole trial and it renders the whole trial a Nullity not withstanding that it MAY BE an excellent trial in all its ramification |
| ASAKITIKPI V. STATE | CRIMINAL LAW AND PROCEDURE:- Appeal against conviction in Supreme Court – Where a point is decided in favour of appellant -When Supreme Court may still dismiss appeal – Section 26(1) Supreme Court Act, 1960 CRIMINAL LAW AND PROCEDURE:- Arraignment-What constitutes – Section 215 Criminal Procedure Law CRIMINAL LAW AND PROCEDURE:- Criminal trial -Requirement of presence of accused thereat – Failure of trial court to note presence of appellant in court on records – Whether vitiates whole proceedings – Section 210 Criminal Procedure Law Cap 49 Laws of Bendel State 1976 and section 26, Supreme Court Act, 1960. |
| ASANYA V. STATE | CRIMINAL LAW AND PROCEDURE – Confessions – Where retracted – Effect. CRIMINAL LAW AND PROCEDURE – Defences – Defence of insanity – Burden of proof of.- On whom lies – How discharged – What accused relying thereon must show – Where raised – Duty on court to consider. |
| ASHARARU DAN SAURI BAMAINA V. KANO NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE: – Murder – Plea of accident – Evidence of deliberate act – Hitting a 7 year old with hoe on base of head – Whether provocation is a defence – how considered |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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