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NIGERIAN CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (3)
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NIGERIAN CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (3)
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| ASHIMIYU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Parties to an offence – Liability for conviction as principal offender – Presence at and encouragement of unlawful assault on deceased person – Effect CRIMINAL LAW AND PROCEDURE:- Prosecution witness – Credibility – Whether unaffected by immaterial contradictions or inconsistencies – CRIMINAL LAW AND PROCEDURE:- Defence of provocation – When deemed not established |
| ASIBONG V. THE QUEEN | CRIMINAL LAW:- Manslaughter – Ingredients for a successful conviction – where cause of death is not attributable to accused |
| ASIMIYU ALARAPE V. THE STATE | CRIMINAL LAW AND PROCEDURE – Common intention – Commission of a crime which is a probable consequence of – conditions necessary to sustain a conviction. CRIMINAL LAW AND PROCEDURE – Common intention – How inferred – Section 8 of the Criminal Code Law of Ogun State 1978 (Section 8 Cap 77 LFN 1990) considered. |
| ASUQUO AKPAN UKPONG V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder by machete – Proof of – Statement of hostile witness put in evidence— Whether court duty bound to warn itself before consideration of such statement |
| ASUQUO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Attempting to induce a witness to withhold true testimony – Existence of a judicial proceeding – Whether an essential element of the offence – Criminal Code (E.N.) S.S. 113, 121(6) and 126(1),(2). |
| ATAKE V. THE ATTORNEY-GENERAL OF THE FEDERATION AND ANOR | CRIMINAL LAW AND PROCEDURE:- Contempt of Court – Meaning – Types – Constitutional basis – Whether it is every insult offered to a judge in the exercise of the duties of his office which is a contempt of court – Distinction between a judge excising his power of punishment for contempt of court and satisfying a judge’s desire to vindicate his personality (for which purpose recourse could be had in civil proceedings for libel or slander) CRIMINAL LAW AND PROCEDURE:- Contempt in curiae faciae and Contempt ex faciae – Distinction between both – Test for what amounts to contempt of court in the face of the court – Whether is subjective and does not require any application by a third party or, for that matter, an affidavit as it must have in matters of contempt ex facie – Need for contemnor in all cases to know what the contempt charged consist of CRIMINAL LAW AND PROCEDURE:- Contempt of court proceedings – Trial summarily i.e. brevi manu – Simple indictment or on Information – Whether trials for contempt of court by indictment or Information are usually before another judge whose court was not the subject of the contempt – Whether it is always open to the court, where the contempt is in curiae faciae – depending, on the-nature or gravity of such contempt to deal with the same instanter and without the process of a trial or otherwise – Relevant considerations |
| ATANDA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Defence of provocation – When not established |
| ATANO AND ANOTHER V. A-G. (BENDEL) | CRIMINAL LAW AND PROCEDURE:- Conspiracy, stealing and Arson ss. 516, 390, 443, Criminal Code Law, Cap. 48, fool. II Laws of Bendel State, 1976 – No case submission length of the ruling – Effect of. |
| ATAT OF MANGOR V. REGINA | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of drunkenness and provocation – When not applicable. |
| ATEJI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable Homicide – Reliability of evidence – provocation – Assessment of cooling time – Unsatisfactory Medical Report – Observation on failure of accused person to disclose defence |
| ATO V. THE STATE | CRIMINAL LAW:- Homicide – Murder – Duty of prosecution to prove same –Provocation – Whether words spoken in the course of a quarrel and followed immediately by a blow are evidence of provocation – Evidence of premeditation – Misdirection by trial court as to same – Effect on conviction of murder – When court would substitute murder with culpable homicide not punishable with death |
| ATTAH V. ELDERS OF THE RULING HOUSE OF OSIROKO AND EFOFU | |
| ATTE V. C.O.P | CRIMINAL LAW AND PROCEDURE:- Criminal Law Appeal – Assault – Powers of Magistrate under 5.300 of the Criminal Procedure Law (Cap. 31) of the East Central State. |
| ATTORNEY GENERAL V. BIRMINGHAM POST AND MAIL LTD | CRIMINAL PROCEDURE:- Contempt of court – Publications concerning legal proceedings – Substantial risk of prejudice to fair trial – Criminal trial in progress – Newspaper article published about offences in question – Criminal proceedings subsequently stayed – Effect |
| ATTORNEY-GENERAL OF KADUNA STATE V. MALLAM UMARU HASSAN | |
| ATTORNEY-GENERAL V. AJIBOLA | |
| ATTORNEY-GENERAL, WESTERN NIGERIA V. THE AFRICAN PRESS LTD | CRIMINAL LAW – Prosecution for seditious publication – Information signed, by Director of Public Prosecutions (W.N.) |
| AUDU ARUNA V. THE STATE | |
| AUGUSTINE CHUKWU V. THE STATE | Criminal case-Charge of murder-Appellant taking girl victim into bush and there killing her-Confession made to police retracted at trial-Trial judge examining defence of insanity and rejecting same Doctor making mistake about his evidence on examination of accused with deceased Trial judge using phrase indicating doubt about accused’s sanity-Lack of certainty in finding entitling accused to acquittal on charge for insanity |
| AUGUSTINE ONYEKACHUKWU V. THE STATE | CRIMINAL LAW:- Conspiracy to commit armed robbery – When miscarriage of justice is deemed to have been occasioned – Trial in chambers – Consolidation of two separate informations contrary to the provisions of Section 162, 163 and 164 of the Criminal Procedure Laws of Bendel State 1976 applicable to Delta State – Conviction not backed up adduced facts – Duty of appellate court thereto |
| AUTA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable homicide punishable with death under 5.221 of Penal Code – Voluntarily causing grievous hurt under 5.247 of Penal Code – Proof of |
| AUTO COMPONENTS LIMITED V. THE STATE | CRIMINAL LAW AND PROCEDURE: Disposal of property found with accused person |
| AWAWA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Courts – Evidence – Accomplice evidence – Duty of court thereto |
| AWIP V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Evidence – Statement of accused in vernacular recorded in Pidgin English – Admissibility of. |
| AWOBOTU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Forgery – Uttering – False pretences – Competence of D.P.P. to file information – Competence of Senior State Counsel to sign on behalf of D.P.P. – Meaning of “Law Officer” – Duplicity in a charge. |
| AWONUGA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Accomplice – Evidence of – Not corroborated – Effect CRIMINAL LAW AND PROCEDURE:- Conspiracy – Proof of CRIMINAL LAW AND PROCEDURE:- Suspicion – Not basis for conviction |
| AWOSANYA V. BOARD OF CUSTOMS AND EXCISE | CRIMINAL LAW AND PROCEDURE:- Issue of Criminal Summons against Magistrate – Contempt of Court order to stop proceedings in Magistrate’s Court – Magistrate struck case out – Asked by trial Judge to show cause why he should not be committed for contempt – Found guilty – Appeal to Supreme Court allowed. |
| AWOSIKA V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Attempt to commit felony – Forgery – Voucher – Whether attempt to steal takes place before presentation of voucher to cashier for encashment. |
| AYANKEYE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder in riot – Conviction for – When justified. |
| AYENI V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF STEALING: Ingredients of offence of stealing under the Criminal Code – Mental element or the requisite intent – Whether the taking or conversion may be fraudulent, although it is effected without secrecy or attempt at concealment – Whether in the case of conversion, it is immaterial whether the thing converted is taken for the purpose of conversion or whether it is at the time of the conversion in the possession of the person who converts it Whether it is also immaterial that the person who converts the property is holder of a power of attorney for the disposition of it, or is authorised to dispose of the property – The Criminal Code Law, Vol 11, Laws of Ondo State, applicable to Ekiti State |
| AYINDE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof thereof – Lack of motive – Effect of plea of insanity – Amnesia – Whether conclusive proof of CRIMINAL LAW AND PROCEDURE:- Insanity – When sustainable – Admission of psychiatrist’s evidence – Objection thereto – When proper |
| AYINLA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE – Insanity – Need to rebut the presumption that every person is presumed to be sane until the contrary is proved – Burden of proof – Section 28, Criminal Code. |
| AYO ADEGBITE V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER: Essential ingredients that must be proved by the prosecution to secure a conviction of murder CRIMINAL LAW AND PROCEDURE – DEFENCE OF ALIBI: What Constitutes a valid defence of alibi at law and its effect where established |
| AYO OLUGBUSI & ORS V. COP | |
| AYUBA DAN RUFAI FAGOJI V. KANO NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:- Willful or intentional homicide – Convicted by the Emir of Kano’s Grade A Court and sentenced to death – absence of the defence of provocation under sharia law – Whether Court of Appeal has any power by itself to substitute a finding of manslaughter for murder or to direct a retrial before a Court administering the Criminal Code so that the appellant could be found guilty of manslaughter only CRIMINAL LAW AND PROCEDURE:- High Court – Power to order retrial in Common Law Courts of cases of murder tried in Native Courts – Section 67 Northern Region Native Courts Law |
| AZIE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Official corruption under S.98(a) of Criminal Code Procedure – Substitution of section. |
| AZU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Cause of death – Medical evidence in proof thereof – Whether compulsory – When may be dispensed with CRIMINAL LAW AND PROCEDURE:- Proof of crime – Contradiction in prosecution’s case – Whether in all cases fatal – Test as to whether it is fatal or not. |
| BAALO V, FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE |
| BABALOLA V. STATE | CRIMINAL LAW AND PROCEDURE:- Charges – Conviction for offence not charged Criminal Law – Crime – Ingredient of – Stealing – Element of Evidence – Extra Judicial Statements – Effect of |
| BABALOLA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Provocation – Calling one a lunatic – Whether amounts to. |
| BABALOLA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Evidence —Deposition-Trial judge relying on evidence of witness-No evidence that accused had kept witness out of the way-Whether proper for judge to admit deposition under s. 34(1) of the Evidence Law. CRIMINAL LAW AND PROCEDURE:- Proof of armed robbery – Criminal Codes s. 401. – ”Threatens to use actual violence to any per-son” – Meaning – |
| BABILLA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Breaking and entering – Effect of failure to prove that premises was locked CRIMINAL LAW AND PROCEDURE: Chapter II Criminal Code – Whether distinction between felonies and misdemeanors immaterial. |
| BAFILLACE V. ZARIA N.A. POLICE | CRIMINAL LAW AND PROCEDURE:- Trial for murder – Right of accused to legal practitioner – Only applies to appeals of first instance. |
| BAGOGO GODWIN V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder – Proof of – Failure to record plea of accused – Effect on proceedings – Whether amounts to mere technicality – Position of law on technicalities – Legal effect |
| BAHAR V. YAURI N.A. POLICE | CRIMINAL LAW AND PROCEDURE:– Charge, duplicity – Each offence to be charged in a separate head of charge. CRIMINAL LAW AND PROCEDURE:– Plea – Need for same to be taken separately for each head of charge and to be taken separately for each accused – Ss. 161 & 212 C.P.C. CRIMINAL LAW AND PROCEDURE:– Proof of crime Number of witnesses – Whether not of itself a relevant consideration,— Duty of court to focus on quality not quantity of witnesses – S. 269 C.P.C. |
| BAKARE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Culpable homicide punishable with death – Proof of prosecution’s case – Section 137(3) Evidence Act Cap. 62 of 1956 – Effect – Creation of doubt – Whether evidence not believed can create reasonable doubt – Findings of fact. |
| BAKARE V. I. G. P. | CRIMINAL LAW AND PROCEDURE:- High Court of Lagos Act, (C.80), ss. 36(2) and 40(a)(u), (iii) – Criminal Appeals to High Court from Magistrates Court – Power on appeal distinct from powers on review – Whether High Court has no power on appeal to (a) annul and substitute conviction or (b) quash conviction without making consequential order. |
| BAKARI V. REGINA | CRIMINAL LAW AND PROCEDURE:- Murder – How proved – Provocation – When murder is deemed to result from “Sudden provocation” within the meaning of Section 318 of Criminal Code – Relevant considerations |
| BALA ABASHE V. COMMISSIONER OF POLICE (HC) | CRIMINAL LAW AND PROCEDURE:- Trial – Recall of Prosecution Witness by Court after close of Defence – Matter arising ex improvise – N.N. Criminal Procedure Code. (N.N. No. 11 of 1960), section 237-Criminal Procedure Act, Cap. 43, section 200. CRIMINAL LAW AND PROCEDURE:– Appeal -Wrongful recall of Witness by Trial Court – When deemed to result in no miscarriage of Justice – N.N. High Court Law, 1955, (N.N. No.8 of 1955), section 47. |
| BALI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of Provocation – Premeditated murder of spouse’s lover CRIMINAL LAW AND PROCEDURE – Northern Nigeria – Offences committed before operation of Penal Code – Old Criminal Code applied. CRIMINAL LAW AND PROCEDURE – Northern Nigeria – Trial begun before operation of Criminal Procedure Code – Application of Old Criminal Procedure Ordinance |
| BALOGUN V. AMUBIKAHUN | |
| BANANA V. BORNU NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:- Proceeding before the Native Court-Failure to comply with the Criminal Procedure Code- Effect of CRIMINAL LAW AND PROCEDURE:- Retrial – Power of Federal Supreme Court to order retrial – Whether exercisable when ground of appeal is raised for the first time CRIMINAL LAW AND PROCEDURE:- Section 395(2) of the Criminal Procedure Code – Signing of record of proceedings – Whether president of native court bound to sign it |
| BANDE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Culpable homicide punishable with death – Weight of evidence – Death of deceased from accused’s act not conclusively established – Verdict substituted – Grievous hurt for capital homicide. |
| BANKOLE V. THE STATE | CRIMINAL LAW:- Murder – Proof of – Sentencing – Proper Form thereof – Failure of court to adhere thereto – Whether fatal CRIMINAL LAW AND PROCEDURE:- Criminal charges – Form – Statutory basis – Criminal Code offences – offence charged under “Criminal Code Law” instead of “Criminal Code” – Whether defective CRIMINAL LAW AND PROCEDURE:- Sentencing of accused person – s.367(2) of the Criminal Procedure Law of Lagos State – Whether requires that the accused person be present in court when the sentence is passed. |
| BARIDAM V. STATE | CRIMINAL LAW AND PROCEDURE – Defences – Self-defence – When it will avail an accused person in murder or manslaughter charge – When it will not. CRIMINAL LAW AND PROCEDURE – Defences – Self defence – Onus of proof of – On whom lies – Duty on prosecution. CRIMINAL LAW AND PROCEDURE – Grounds of appeal – Omnibus ground How framed in criminal cases. CRIMINAL LAW AND PROCEDURE – Proof – Onus of proof on prosecution in criminal cases – How discharged. |
| BARKONO V. C.O.P. | |
| BASIL RANGER LAWRENCE V. THE KING | |
| BASHAYA V. STATE | CRIMINAL LAW AND PROCEDURE:- Defences – Alibi – Onus of proof of – On whom lies – When duty on prosecution to investigate alibi arises – When it does not CRIMINAL LAW AND PROCEDURE:- Identification of an accused person – Identification parade – When necessary – When unnecessary – Governing principles. CRIMINAL LAW AND PROCEDURE:- Parties to a criminal act – Persons who may be liable for a criminal act – How determined |
| BASSEY AKPAN ARCHIBONG V. THE 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 CRIMINAL LAW AND PROCEDURE:– Plea of Alibi – On whom lies onus of establishing same – how discharged – When plea will not avail an accused CRIMINAL LAW AND PROCEDURE:- Identification of accused person – Proper ways of conducting same – How conducted – Issue pertaining thereto – Whether one of fact or law – Whether necessary in all cases – Where case of prosecution depends on correct identification of accused person – Relevant considerations – Duty on court |
| BASSEY EDET BASSEY V. C. O. P | CRIMINAL LAW AND PROCEDURE:- When proceedings are said to be instituted under S.78 of the Criminal Procedure Ordinance CRIMINAL LAW AND PROCEDURE:– Aim of S.3 of the Criminal Procedure Code |
| BASSEY V. C.O.P. | CRIMINAL LAW AND PROCEDURE:- Defence of accused – Right to make – Section 287(1)(b) Criminal Procedure Act – Non compliance with – Effect CRIMINAL LAW AND PROCEDURE:- No-case submission upheld by Magistrate Court – No-case submission overruled by High Court – De fence not offered at lower court-High Court duty to remit case to Magistrate to call upon the accused to make defence. |
| BASSEY V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder –Proof thereof – Self-defence and provocation – When sustainable – Blows inflicted in quick succession – Effect on defence of provocation-Self-defence – When assault on accused will justify self-defence – Effect on a charge of murder |
| BASSEY V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Confession – Conviction based on retracted confession – Whether proper CRIMINAL LAW AND PROCEDURE:- Confessional statement – Admissibility of – Objection to – Proper time to make CRIMINAL LAW AND PROCEDURE:- Confessional statement – Effect of – Duty on trial court in respect thereof – Need to be tested as to truth – Statement of accused to police – Denial of contents thereof – Proper time to make. |
| BATUBO V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder – Outright denial of accused – Sentence – Age brought into question – Doctor’s evidence – No allocutus – Appeal dismissed. |
| BATURE MANYA V. STATE | CRIMINAL LAW AND PROCEDURE – UNLAWFUL POSSESSION OF FIREARMS: Ingredients of the offence of unlawful possession of firearms – Proof of crime in a court without territorial jurisdiction to hear same – Nullity of conviction – Proper order CRIMINAL LAW AND PROCEDURE – SERVICE OF WRITS:- Critical nature of service of writs – Greater significance in criminal proceedings compared to civil proceedings – Justification – Accused person entitlement to have disclosed to him the nature of all relevant material evidence, including documentary evidence, prejudicial to him except in recognised exceptions – Effect of failure thereof |
| BATURE V. STATE | CRIMINAL LAW AND PROCEDURE:- Confession – Extra-judicial confession Validity of – Where retracted – Whether fact thereof makes it inadmissible When can ground a finding of guilt. CRIMINAL LAW AND PROCEDURE:- Confession – Sufficiency of to ground conviction – Condition that it must satisfy – When it will be upheld CRIMINAL LAW AND PROCEDURE:– Criminal justice – Need to do substantial justice and eschew technicality. |
| BEDDER V. DIRECTOR OF PUBLIC PROSECUTIONS | CRIMINAL LAW:– Murder – How proved – Plea of Provocation – Accused sexual impotent – Killed prostitute – Reasonable man not to be invested with physical peculiarities of accused for purpose of determining whether there was provocation. |
| BELLO V. THE QUEEN | CRIMINAL LAW:- Murder – Defence of insanity – Medical evidence of accused’s mental state – Psychiatric observation suggested by doctor – Need for adjournment by trial Judge-Duty of prosecution and defence counsel. |
| BELLO V. A.G. OYO STATE | |
| BELLO V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Culpable Homicide punishable with death – Provocation – Abusive words – Accused not present when words used – Whether circumstances exist to justify reduction of offence CRIMINAL LAW AND PROCEDURE:– Conviction – Judgment – Criminal Procedure Code – S.269(2) – Court specifying facts to which subsection refers – Whether sufficient compliance with it. |
| BENJAMIN KNOWLES V. THE KING | CRIMINAL LAW AND PROCEDURE: Ashanti – Trial for Murder without a Jury – Wrong summing up by trial judge – When manslaughter instead of murder would be the proper charge – duty of appellate court thereto CRIMINAL LAW AND PROCEDURE: – Criminal Law – Privy Council Practice – Jurisdiction whether extends to criminal appeals – When conviction for murder instead of manslaughter will be set aside – Ashanti Administration Ordinance (No. I. of 1902), s. 9. |
| BENSON UKWUNNENYI V. STATE | CRIMINAL LAW AND PROCEDURE:– Murder – Defence of alibi – Onus on accused persons – Effect of a successful defence of alibi – Defence of provocation – Whether justifies the killing of an innocent person |
| BENSON ESANGBEDO V. THE STATE | CRIMINAL LAW – Armed Robbery – Defence of alibi – How discharged |
| BFI GROUP CORPORATION V. BUREAU OF PUBLIC ENTERPRISES | CRIMINAL LAW AND PROCEDURE – CIVIL PROCEEDINGS:- Perjury – Affirmation of a contract – When amounts to criminal offence fo perjury where false |
| BOARD OF CUSTOMS AND EXCISE V. BARAU | CRIMINAL LAW AND PROCEDURE:- Offences under the Custom and Excise Management Act 1955 – Being knowingly concerned in fraudulent evasion of import prohibition – importing with intent to evade import prohibition – Onus of proof – Whether defendant, instead of prosecution, has onus of proof to disprove knowledge and intent – Standard of proof. |
| BOARD OF CUSTOMS AND EXCISE V. OKORO | |
| BOARD OF CUSTOMS AND EXCISE V. HASSAN | CRIMINAL LAW AND PROCEDURE:– Trial – Plea- Withdrawal of plea of guilty- Whether court had jurisdiction to allow withdrawal of plea – Criminal Procedure Act, s 363 |
| BOARDMAN V. SOKOTO NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:– Appeals to the Supreme Court: Criminal Appeal from refusal of High Court to grant bail in appeal to it. |
| BOB DANIELS V. THE STATE | CRIMINAL LAW AND PROCEDURE ‑ Circumstantial evidence ‑ Nature of evidence sufficient to support conviction for murder CRIMINAL LAW AND PROCEDURE ‑ Defences ‑ Accident ‑ Deceased bringing out pistol upon disagreement with son — Son grabbing pistol from deceased father ‑ Struggle over gun ‑ Gun shot killing father ‑ Whether death accidental ‑ Section 24 Criminal Code. CR1MINAL LAW AND PROCEDURE ‑ Defences ‑ Accident ‑ Meaning of: CRIMINAL LAW AND PROCEDURE ‑ Defences ‑ Insanity ‑ Accused showing no abnormal behaviour ‑ Evidence given normally on oath by accused ‑ Nothing to suggest that accused was suffering from any mental disease ‑ Whether court still obliged to consider insanity. |
| BODDINGTON V. BRITISH TRANSPORT POLICE | CRIMINAL LAW AND PROCEDURE:– Criminal Procedure: TRANSPORT; Rail |
| BOLANLE ABEKE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Offences – Issuing of dud Cheque – Ingredients of CRIMINAL AND PROCEDURE:- Proof of crime – Mens rea – Actus reus – Meanings of- Relationship between. CRIMINAL AND PROCEDURE:- Proof of crime – Proof beyond reasonable doubt – Meaning of: |
| BOMS V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder of adopted son by stabbing– Defence of self-defence – Entitlement of accused who raises defence of self-defence |
| BONIFACE ADONIKE V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF RAPE OR UNLAWFUL CARNAL KNOWLEDGE OR DEFILEMENT: The Offence of Defilement – When it is deemed completed – Offence of Rape/Unlawful Carnal Knowledge– Degree of corroboration of testimony of prosecutrix required – Essential ingredients of rape/unlawful carnal/Defilement knowledge that the prosecution must prove for a successful conviction of the offence CRIMINAL LAW AND PROCEDURE – CONVICTION UNDER A REPEALED LAW: Effect of a conviction secured under a repealed law if there is a valid existing law under which the charge should have been brought – Effect of conviction under a wrong law – Whether there is a defence for an appellant who complains of being tried and convicted under a repealed law |
| BORO AND ORS V. THE REPUBLIC | |
| BOT V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – How proved – Defence of Provocation – Prospective husband catching betrothed bride in compromising position with suspected lover – Whether sufficient provocation |
| BOY IYAREGBA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof and duty of prosecution – Medical evidence – Post-mortem report – Where maker was not called as witness – Whether admissible – Plea of insanity – When not specifically pleaded – Duty of Court to consider same |
| BOY OBIPO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE – Murder – Provocation – Unproportionality of retaliation – Effect. |
| BOZIN V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Identity of person suspected of crime – Identification parade – Proper way to conduct – Effect where accused is identified by the prior suggestions and promptings of police – Accused standing alone in place of identification witnesses identified by being asked leading questions – Effect. – Defence of alibi – Meaning and effect of – Onus and standard of defence on accused – Duty of prosecution to investigate all defences suggesting alibi – Effect of failure to. |
| BRAIDE V THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Defence of Accident – Burden of proof – – On whom lies CRIMINAL LAW AND PROCEDURE:- Self Defence – Nature of – Relevant considerations – Where deceased and accused proved to be wielding dangerous weapons – What defence needs to prove to establish the defence of self-defence |
| BRIGADIER GENERAL JAMES OMEBIJE ABDULLAHI V. THE NIGERIAN ARMY & ORS. | CRIMINAL LAW AND PROCEDURE – STEALING:- Proceedings Before A General Court Martial – Accusing A Third Party Not Charged – Whether A Defence |
| BROOKS V. DIRECTOR OF PUBLIC PROSECUTIONS OF JAMAICA AND ANOTHER | CRIMINAL LAW AND PROCEDURE:– Bill of indictment – Information charging defendant dismissed by resident magistrate on ground of no case to answer – DPP applying to judge for voluntary bill of indictment against defendant for same offence – Defendant not given notice of DPP’s application – Warrant issued before indictment preferred – DPP having power to prefer bill of indictment without applying to judge – Whether judge having jurisdiction to prefer indictment – Whether defendant entitled to notice of application – Whether abuse of process for bill of indictment to be preferred where defendant discharged after preliminary inquiry in absence of fresh evidence – Whether warrant for arrest valid – Constitution of Jamaica, s 94(6) – Criminal Justice (Administration) Act (Jamaica), s 2(2). |
| BROWNSON ETUK UDO V. THE QUEEN | CRIMINAL LAW:- Criminal Law – Culpable Homicide- Murder – How proved – Nature of assault occasioning death – When deemed manslaughter in lieu of murder – Duty of appellate court CRIMINAL LAW AND PROCEDURE:- Statement of accused to police wrongly excluded from consideration – Accusations made by deceased in presence of her assailant – Admissibility – Effect thereof |
| BUBA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence – Nature and quality required to CRIMINAL LAW AND PROCEDURE:- Proof of crime -Contradiction in evidence of prosecution witnesses – Nature of contradiction required to overture conviction. CRIMINAL LAW AND PROCEDURE:- Proof of crime – Witnesses – Duty of prosecution to call – Whether must call all witnesses. |
| BUBE V. GWANDU N.A | CRIMINAL LAW AND PROCEDURE:– Murder – Evidence of Provocation – Where evidence of same not taken at trial court due to procedure adopted – attitude of appellate court towards ordering retrial or substituting manslaughter for murder – Relevant considerations CRIMINAL LAW AND PROCEDURE:– Appellate court – murder conviction according to Islamic law – invitation to review conviction based on procedure incompatible with Criminal Code – Setting aside conviction for murder with manslaughter |
| BUGAN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – How proved – Deceased failing to prevent a third party from interfering with accused’s property – Whether justification for killing – relevant considerations |
| BUHARI V. OBASANJO | CRIMINAL LAW AND PROCEDURE – Electoral offences – Undue influence – Nature of – Person accused of – How prosecuted – Whether can be prosecuted under election petition. CRIMINAL LAW AND PROCEDURE:- Proof of crime – “Proof beyond reasonable doubt” – Meaning of. |
| BUJE V. STATE | CRIMINAL LAW AND PROCEDURE:- Aiding and abetting – Liability of aider and abettor- Event of. CRIMINAL LAW AND PROCEDURE:- Charges – Conviction for offence not charged – When permissible – Criminal Proceeding Code, section 217 considered. CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence-When sufficient to ground conviction. |
| BUKAR V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Charge – Offence committed before repeal – Charge under repealed Law – Whether charge and trial thereon proper – Criminal Code, Section 319. |
| C. S. HELLEL V. ASSISTANT COMMISSIONER OF INCOME TAX | CRIMINAL LAW – Offence of failure to pay tax – Criminal Procedure Ordinance, section 59 – How treated |
| C.O.P. MIDWESTERN STATE OF NIGERIA V. ORUWARE | CRIMINAL LAW AND PROCEDURE:– Criminal Appeal – Person charged with two counts of unlawful administration of dangerous pills in order to procure abortion 5.173 of the Criminal Code, Cap .28 and unlawful possession of dangerous pills for an illegal purpose, 5.277 of the Criminal Code – Cap. 28 of the Western Nigeria Laws 1959 applicable in the Mid-Westem State of Nigeria. |
| C.O.P. V. ABURIME | CRIMINAL LAW AND PROCEDURE:– Official corruption – Whether offence and penalty prescribed in written law – Acquittal of accused person – Whether court had jurisdiction S.22(10) Constitution of the Federation of Nigeria 1963 – Cap. 65 Vol. III, Laws of Bendel State, 1976. |
| C.O.P. V. EDEDEY | CRIMINAL LAW AND PROCEDURE:- Prosecutor’s right of appeal – When exercisable – Section 69 Magistrates’ Courts Law Cap. 74, 1959 Western Nigeria. |
| C.O.P. V. IGWE | CRIMINAL LAW AND PROCEDURE:-Assault on Police Officer acting in the Execution of his duty – Section 356(2) Criminal Code – Ingredients of CRIMINAL LAW AND PROCEDURE – POLICE PROCEDURE: Assault of police officers in the execution of duties – Effect of a valid warrant in establishing charge thereof |
| C.O.P. V. IGWU | CRIMINAL LAW AND PROCEDURE:– Assault on Police Officer while acting in the execution of his duty – Criminal Code s. 356 (2) – Proof of |
| C.O.P. V. OBASI AND OTHERS | CRIMINAL LAW AND PROCEDURE:– Case stated for opinion of the Supreme Court – Under provision of section 39 (2) of the High Court law of East Central State – Malicious damage to property – Criminal jurisdiction of Magistrate’s Court – S.18 Magistrate’s Court Law. |
| CHANVER ABA AND ANOTHER V. COMMISSIONER OF POLICE (HC) | CRIMINAL LAW AND PROCEDURE:– Jurisdiction – Summary trial by Magistrate of offences outside its jurisdiction – Effect of conviction in excess of jurisdiction |
| CHIANUGO V. THE STATE | CRIMINAL LAW AND PROCEDURE – NO CASE SUBMISSION: Nature of a no case submission and when it can be made |
| CHIEF LEONARD UNOGU V. THE STATE | CRIMINAL PROCEDURE – Exercise of discretion to grant bail by court |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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