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CASES/JUDGMENTS ON NIGERIAN CRIMINAL LAW AND PROCEDURE (6)
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CASES/JUDGMENTS ON NIGERIAN CRIMINAL LAW AND PROCEDURE (6)
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| TITLE | MAIN ISSUES |
| IGBINEDION V. THE INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Public officer receiving property to show favour – Element of transaction – Proof of – Section 100 Criminal Code. |
| IGBINEWEKA OWIE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – How proved |
| IGBINOVIA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Evidence – Confession obtained by means of police entrapment – Admissibility – Weight. CRIMINAL LAW AND PROCEDURE:- Murder – Proof of via circumstantial evidence– Admissible and relevant evidence |
| IGBO V. THE STATE | Criminal Law – Murder – Burden of proof – Complaint of assault before complaint of murder – Propriety of convicting on evidence of only one eye-witness. |
| IGBOBI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Accomplice evidence – Absence of corroboration – Effect |
| IGBOEKWEZE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder –Conspiracy to break in and steal with a common intent to use violence – Evidence of an accused against co-accused – Duty of court. |
| IGHO V. THE STATE | CRIMINAL LAW:– Murder – Proof of – Circumstantial evidence – Whether can ground conviction without more |
| IGWE V. QUEEN | CRIMINAL LAW AND PROCEDURE – Murder – Defence of insanity – Necessary ingredients CRIMINAL LAW AND PROCEDURE – Murder – Plea of provocation – When not sustainable CRIMINAL LAW AND PROCEDURE- Murder- Uncontrollable impulse due to insanity – S.28 Criminal Code – What accused must establish |
| IGWE V. THE QUEEN | CRIMINAL LAW:- Murder – Proof – Confessional statement- How treated |
| IGWEDE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Trials -Accused giving evidence after his witnesses – Whether desirable. |
| IHIMIRE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Suspicion of adultery – Defence of provocation Conviction affirmed |
| IHONRE V. THE STATE | CRIMINAL LAW:- Murder – Confessional Statement – Defense of mental delusion – Attitude of court to defence of witchcraft – Difference between superstition and delusion |
| IKEBUAKU V. THE QUEEN | CRIMINAL LAW:- Murder – When Plea of Insanity would avail defendant – Onus of proof and test for determining insanity |
| IKECHUKWU SUNDAY V. THE STATE | CRIMINAL LAW: Armed Robbery – Credible and sustainable evidence required to sustain the charge – Difference between charging suspects under section 185 (b) of the Criminal Procedure Code Kano State and under the simplified procedure as provided under the Robbery and firearms (Special Provisions) Decree No. 5 of 1984 as amended by Decree. No. 62 of 1999 – Legal implications |
| IKEMSON V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Conspiracy – Agreement to commit offence – Common intention – Defence -Alibi – When and how to be raised -Duty of prosecution -Accused persons – Discharge of co-accused – Effect on others – Identification parade – When desirable. |
| IKHANE V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Offence under s.18 Road Traffic Law Cap. 113 Laws of Western Nigeria 1959 – Conviction by Magistrate Court – Magistrate left in state of doubt – Order of Retrial by High Court. |
| IKO V. STATE | CRIMINAL LAW AND PROCEDURE:- Burden of proof – On whom lies – Standard required – Whether mandatory in all criminal cases CRIMINAL LAW AND PROCEDURE:- Corroboration – Admission by accused person of an offence – Whether constitutes corroboration CRIMINAL LAW AND PROCEDURE:- Corroboration – Matters wrongly suggested by court to be corroboration -Effect on conviction |
| IKOMI V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Consent to an information – Nature of circumstantial evidence required to constitute a prima facie case for the purpose of granting consent. CRIMINAL LAW AND PROCEDURE:– Consent to an information – Need for proof of evidence to disclose prima facie case against an accused person before consent is granted by a Judge – Limitations on the application of the decision in Atanda v. Attorney-General Western Nigeria (1965) NMLR 225 with respect to requiring the prosecution to establish a “clear case on deposition”. |
| IKONNE V. COP | CRIMINAL PROCEDURE:- Arrest – Right of accused to know cause of arrest. CRIMINAL PROCEDURE:- Arrest and Prosecution of offenders – Powers of Police – Whether Police can be protected under Section 101 of the Criminal Procedure Law. CRIMINAL PROCEDURE:- Warrant of Arrest – Section 21 Criminal Procedure Law Eastern Nigeria – Where no power to arrest without warrant – Issuance of warrant of arrest. |
| IKONO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder -Defence of Alibi – Burden of proof |
| IKPASA V. BENDEL STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof and prosecution of – Defence of insanity – When not proved – Prosecution under a law different from the one contemporaneous with the commission of crime – Whether unconstitutional |
| IKPATT V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Charge of stealing money by official— Criminal Code, s. 3905 – Money collected from Customs auction sales -Officer charged with offence but discharged -Record of case not produced at trial of another officer – Issue whether discharged officer was an accomplice – Ownership of stolen money not specifically laid in the charge – Imposition of fine or imprisonment after conviction – How treated |
| IKPI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Fact of unsoundness of mind – Section 223(1) Criminal Procedure Law Cap.31 Volume 11, Laws of Eastern Nigeria – Request of defence counsel – Medical Certificate – Court’s discretion. |
| IKPO V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY: What the prosecution must prove to succeed on the offence of armed robbery; standard of proof required of the prosecution – Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, LFN 2004 CRIMINAL LAW AND PROCEDURE – CONVICTION: Free and voluntary confession of guilt by an accused person, if it is direct, positive and satisfactorily proved – Whether should occupy the highest place of authenticity when it comes to proof beyond reasonable doubt – Whether a confession alone is sufficient, without further corroboration, to warrant a conviction Whether there is no evidence stronger than a person’s own admission or confession |
| IKWAM V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Application for adjournment-Refusal of – Whether a miscarriage of justice CRIMINAL LAW AND PROCEDURE:- Stealing – Section 390(5), Criminal Code CRIMINAL LAW AND PROCEDURE – Withdrawal of counsel from proceedings – Propriety of |
| ILIM V. TIV L.A. POLICE | |
| ILIYASU SUBERU V. THE STATE | CRIMINAL LAW AND PROCEDURE – INGREDIENTS OF ARMED ROBBERY – NO CASE SUBMISSION: – The ingredients of armed robbery – That there was a robbery or series of robbery – That the robbery or each robbery was an armed robbery or robberies – That the accused took part in the armed robberies – No Case submission – When deemed successful – Duty of Court to discharge accused person on whose behalf it was successfully raised CRIMINAL LAW AND PROCEDURE – NO CASE SUBMISSION: – Conditions before a submission that there is no-case to answer can be upheld – Need for any of the two following situations to prevail at the end of the prosecution’s case:- (1) When there was been no evidence connecting the accused person with the alleged offences(s). (2) When the evidence adduced by the prosecution has been so discredited as a result of cross-examination or is manifestly unreliable but no reasonable tribunal could safely convict on it – Whether a no-case submission only means that there is nothing in the evidence adduce by the prosecution that would persuade the court to compel the accused to put up his defence – The purport of a no case submission when made on behalf of an accused person – Whether it is that the trial court is not called upon at that stage to express any opinion on the evidence before it – Whether it means that the court is only called upon to take note and to rule accordingly that there is before the court no legally admissible evidence linking the accused person with the commission of the offence with which he is charged – Where a No-Case submission is made out against an accused person – Whether asking him to answer the charge against him, is a reversal of the Constitutional provision of presumption of innocence by asking him to establish this innocence – When at the close of the prosecution’s case, there is made out a No-Case submission for the accused person to answer – Duty of court to discharge him – Whether Overruling a No Case submission in that circumstance is tantamount to asking the accused person to prove his innocence which is wrong and unconstitutional |
| ILOEGBUNAM V. ILOEGBUNAM | CRIMINAL LAW AND PROCEDURE:– Bail matters – Whether the Court of Appeal or Supreme Court can exercise original jurisdiction with respect to bail. CRIMINAL LAW AND PROCEDURE:– Release of detained persons – Power of the Chief Justice of Nigeria and Chief Judges of states to release detained persons under section 1(1) of the Criminal Justice (Releases from Custody) (Special Provisions) Act Cap 79 Laws of the Federation of Nigeria 1990. |
| IMAM V. BORNU NATIVE ADMINISTRATION | CRIMINAL LAW AND PROCEDURE:- Conviction set aside – Release of convict from prison custody – Whether duty of convicting Court. CRIMINAL LAW AND PROCEDURE:- Reviewing officer quashing conviction by Native Court- When it becomes effective – S.57, Native Courts Law, 1956, Northern Region |
| IMASUEN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Grievous assault, rape ,and burning of child leading to her death – Defence of involuntary intoxication-When defence of intoxication or insane delusion will avail an accused person – Way of establishing insanity |
| IMO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Discharge of co-accused – Effect on conviction of others accused. CRIMINAL LAW AND PROCEDURE -Identification parade – When not necessary. CRIMINAL LAW AND PROCEDURE – Proof of crime -Best Evidence. CRIMINAL LAW AND PROCEDURE -Proof of crime -Contradictions in evidence of prosecution’s witnesses – Nature of contradiction fatal to prosecution’s case. |
| IMOKE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Body of deceased not found- When would not vitiate conviction CRIMINAL LAW AND PROCEDURE:- Presence of at scene of crime – Applicability of section 8 Criminal Code – Effect |
| INAJO AND FOUR OTHERS V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Proof of crime – Murder – Charge thereof – Form of charges – Culpable homicide punishable with death – causing death “with a cutlass” – Need for sufficient notice of detail of offence on charge of culpable homicide punishable with death to satisfy Criminal Procedure Code, s.202 |
| INDABO V. KANO NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE – Murder – Maliki Law – Dying Declaration – Kasama Oaths – Grounding Conviction. |
| INIJE V. THE STATE | CRIMINAL LAW:– Murder – Proof of – Effect of retracted confessional statement – Defence of provocation |
| INSPECTOR-GENERAL OF POLICE V. ADEGOKE ADELABU | CRIMINAL LAW:- Offence of Unlawful assembly – An assembly for which no licence had been issued under section 36 (2) and (3) of the Police Ordinance – Police Ordinance, sections 36 (4) and 38 – How treated |
| INSPECTOR GENERAL OF POLICE, IGP V. GEORGE | |
| INSPECTOR GENERAL OF POLICE, IGP V. MARKE | |
| INSPECTOR-GENERAL OF POLICE V. NWACHUKWU | |
| INSPECTOR-GENERAL OF POLICE V. OGUNTADE | |
| INYANG ETIM AKPAN (Alias MBOM ETIM AKPAN) V. THE STATE. | CRIMINAL LAW AND PROCEDURE:- Criminal liability – Natural consequences of man’s criminal act – Liability therefor. CRIMINAL LAW AND PROCEDURE:- Defences – Defence of provocation Ingredients of. CRIMINAL LAW AND PROCEDURE:- Defences – Defence of provocation – When can avail accused person facing murder charge – Section 318, Criminal Code. CRIMINAL LAW AND PROCEDURE:- Defences – Defence of provocation – When can be sustained- When cannot |
| IORYEM IORTIM AND AONDOLUMUN IORTIM V. STATE | CRIMINAL LAW AND PROCEDURE:- Defence of alibi – Onus of proof on accused raising same – How discharged. |
| IRETO V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Cheating – “Fraudulent trick or device” – Ingredients of- Section 421, Criminal Code. CRIMINAL LAW AND PROCEDURE:- False representation or pretence – Not synonymous with trick or device |
| IROMACHI V. QUEEN | CRIMINAL LAW AND PROCEDURE: – Murder – Proof – How discharged |
| IROMANTU V. THE STATE | CRIMINAL LAW:- Legislation – Criminal Code, s.24 (first paragraph) CRIMINAL LAW:- Homicide – Accidental killing. |
| ISAAC V. REGINA | CRIMINAL LAW AND PROCEDURE: Charge of belonging to Unlawful Society – Where Onus of proof on accused – Status of unlawful society formed outside of jurisdiction CRIMINAL LAW AND PROCEDURE: Evidence – Presumption of membership of an unlawful society – Whether can be inferred from possession of document belonging to an unlawful society, attendance at meetings or correspondence with members of the society |
| ISENKI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Defences of provocation and self-defence – When available to an accused. |
| ISHAYA BAMAIYI V. THE STATE | CRIMINAL LAW AND PROCEDURE – Bail – granting or refusing same – criteria taken into consideration thereof. |
| ISHOLA KARIMU ANDUS V. THE QUEEN | CRIMINAL LAW AND PROCEDURE -Stealing -Sentence of three years – Issue of excessiveness. CRIMINAL LAW AND PROCEDURE – Stealing contrary to Section 390(8) (c) Criminal Code -Stealing by agent. |
| ISHOLA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Conspiracy to commit murder – Alibi – Tainted witness – Positive identification by witnesses – Accomplice evidence – Corroboration. |
| ISIAKA RUFAI V. STATE | CRIMINAL LAW AND PROCEDURE:- Proof of crime – Duty of the prosecution to prove same beyond reasonable doubt – Meaning CRIMINAL LAW AND PROCEDURE:- Arraignment – Valid Arraignment – Defective Plea – Mandatory provisions of Section 215 of Criminal Procedure Act, Cap. 80 Laws of Federation 1990 CRIMINAL LAW AND PROCEDURE:- Effect of on plea of accused. Section 33(6)(a) of 1979 Constitution (now section 36(6) (a) 1999 Constitution) 1. – Where the plea of an accused has been defectively taken, it renders the plea a nullity and by extension renders any conviction, a nullity. |
| ISIBOR V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Evidence -Judge refusing to allow deposition to be put in on request of Counsel from the Bar without calling witness to formally tender it — Propriety of -Evidence Act s. 198, 208. |
| ITODO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- What court must consider in relying on circumstantial evidence as basis of its decision – Whether there can be a conviction based on circumstantial evidence |
| ITU V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF MURDER:- Essential ingredients required to ground conviction for murder |
| ITULE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder Conviction – Defence of provocation not considered – Whether it reduces murder to manslaughter CRIMINAL LAW AND PROCEDURE:- Murder – Confessional Statement disclosing the possibility of the defence of provocation denied at trial – Failure of trial Court to consider statement in its entirety – Whether fatal to conviction |
| IVBIYARO V. FRANCIS | CRIMINAL LAW AND PROCEDURE:– “Want of prosecution” – scope and extent of |
| IVIAN NDIGWE ANAZODO V. ESTHER JOHN AUDU & ORS | CRIMINAL LAW AND PROCEDURE – MOTIVE: Whether motive to commit an offence without any evidence of any act either directly connecting a person can ground proof of such offence. |
| IWUANYANWU V. THE STATE | CRIMINAL LAW – Legislation: Criminal Code, s.28 (second paragraph). CRIMINAL LAW – Insanity: delusion; defendant killing to prevent being killed in the future by juju. |
| IYAREGBA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Post-mortem report – Maker not called as a witness – Admissibility of |
| IYARO V. STATE | CRIMINAL LAW:- Armed robbery – Conspiracy – Ingredients of |
| IYERE V. DURU | |
| IYORLIAM V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Cheating by impersonation – Definition of property in Section 321 of Penal Code – Conviction on second count erroneous. |
| IYU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Expert Evidence – Medical evidence in technical terms – Whether necessary to have note reduced to lay language CRIMINAL LAW AND PROCEDURE:- Recommendations for criminal trial – Interpreters who took accused person’s extra-judicial police statement – Wise to call same to verify it when tendered at the trial – Need for witnesses to identify accused person as either left handed or right handed – Doctor’s technical terms of anatomy and evidence – Need to reduce same into good description and plain English – Whether court can ask accused when his statement was read over to him and interpreted in his dialect, whether he admitted it – When accused cannot complain in that regard on regard |
| IZIOGO V. THE QUEEN | CRIMINAL LAW:- Depositions — Reception in evidence at trial – Deposition of medical officer – letter from Permanent Secretary on doctor’s absence abroad. |
| J. S. TARKA AND FOUR OTHERS V. DIRECTOR OF PUBLIC PROSECUTIONS | CRIMINAL LAW AND PROCEDURE: Bail – Judicial exercise of the discretion to grant bail – Guiding considerations – Criminal Procedure Code, s. 341(2). |
| JALINGO V. QUEEN | CRIMINAL LAW AND PROCEDURE – Culpable homicide punishable with death – Insanity – Defence of – How proved |
| JALO TSAMIYA V. BAUCHI NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:- Murder – Power of the High Court to substitute manslaughter for offence tried at Native Court Northern Region. CRIMINAL LAW AND PROCEDURE:- Power of the Native Court to try offences under the Criminal Code. |
| JALOGHO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Sexual offences – Non-corroboration of evidence of prosecution – Corroboration desirable – Effect of the medical examiner’s testimony that this was “this was most probably spermatozoa” |
| JAMES AKWAFUE V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- harge of stealing motor cycle – Machine kept with accused by complainant – Compound walled round and has locked gate – Machine stolen at night during torrential rain – Hole dug in wall to open locked gate and resealed after theft – Accused making report to owner of machine before reporting to police – Suspect signing written agreement not to steal in neighbourhood – Relevant witnesses not called – Investigating policeman submitting his own conclusions before court-Validity of conviction in such circumstances. |
| JAMES ALBERT DE GREGORY APPELLANT V. GENERAL MEDICAL COUNCIL | |
| JAMES BIRUWA V. THE STATE | CRIMINAL LAW AND PROCEDURE – DEFENCE OF PROVOCATION:-What must have occured for provocation to avail the appellate CRIMINAL LAW AND PROCEDURE – DEFENCE OF PROVOCATION:- Provocation – What constitutes – Whether necessary that act deemed provocative ; it must come from the person who became the victim of the resultant attack CRIMINAL LAW AND PROCEDURE – DEFENCE OF PROVOCATION:- Essential elements that must be present when proving provocation by the defence |
| JAMES DANBABA V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Application for bail – Decision to grant or refuse it – Import of the exercise of discretion of the court thereof CRIMINAL LAW AND PROCEDURE:– Bail – Section 35(4) of the constitution of the Federal Republic of Nigeria 1999 – CRIMINAL LAW AND PROCEDURE – Refusal of an application for bail – Whether conditions prescribed by section 341 of the Criminal Procedure Code are applicable to applications brought under Sections 118 and 123 of the Criminal Procedure Code – Abiola v. F.R.N. (1995) 1 NWLR (Pt. 370) 155 considered. |
| JATAU V. THE STATE | |
| JEGAH V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal Law – Murder – Defence of self defence and provocation raised |
| JEGEDE V. STATE | CRIMINAL LAW:- Rape – Meaning of – Attempted rape – How distinguished |
| JEREMIAH EGBOMA V. THE STATE | CRIMINAL LAW- MURDER:- Ingredients – Burden of proof to be discharged by prosecution – Defences available to accused person CRIMINAL LAW AND PROCEDURE – TESTIMONY OF ACCUSED PERSON:- Where accused exercises the right to remain silent – Whether court is bound not to treat it as an admission of guilt – Whether in that event the case will simply be decided on the basis of the evidence given by the prosecution – Whether accused is under any duty to say anything either by himself or elicit evidence through any other witness that will incriminate him – Where the accused chooses to testify or elicit evidence through other witnesses in defence and thereby introduces self incriminating evidence – Whether anything in law prevents the prosecution from relying on such evidence to support or prove its case or the court from relying on such evidence to convict the said accused |
| JERRY IKUEPENIKAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Conspiracy to commit armed robbery and armed robbery – How proved – relevant considerations – |
| JIBRIL V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable homicide punishable with death – Proof of age of accused person at time commission of offence – Where determination is based on the evidence of a medical doctor and judge’s observation – Whether absence of accused’s counsel with leave of court on day medical evidence was given made the proceeding irregular – Proper order of court in such circumstances |
| JIMOH AWOPEJO V. THE STATE | CRIMINAL LAW:– Alibi – when raised as a defence – conflict in the evidence of prosecution witnesses |
| JIMOH YESUFU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Section 257(1) C.C. – No eye witness – How treated |
| JIZURUMBA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Manslaughter – Section 32S of Criminal Code – Causing death by dangerous driving – Section 17(2) of the Road Traffic Law, Cap. 116, V61.6 Laws of Eastern Nigeria – Unreliable evidence. |
| JOBI V. OSHILAJA | CRIMINAL LAW AND PROCEDURE:- Disputed handwriting in course of trial – Authority of court thereof. |
| JOE UWAGBA V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:- Offences of conspiracy to steal and stealing various sums of money and failure to take reasonable steps to secure compliance by a financial institution with requirement of the Banks and others Financial Institutions Decree (Act) No. 25 of 1999 – How treated |
| JOHN V. THE STATE | |
| JOHN AGBO V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Rogue Police – Point blank shooting of road user – Ingredients of murder – How proved CRIMINAL LAW AND PROCEDURE: – Criminal trial – Charge – When defect therein is alleged – Error in stating offence or particulars required in a charge – Irregularity in proceedings of – Objection thereto – When should be raised – How treated CRIMINAL LAW AND PROCEDURE: – Proof of crime – Contradiction in evidence of prosecution witnesses – When deemed fatal – Where witness’s sworn evidence contradicts his previous unsworn statement – Where accused tells lies – Duty on court in respect of – Relevant considerations |
| JOHN AJIBO V. THE STATE | CRIMINAL LAW – MURDER:– Ingredient for proving same – relevant considerations CRIMINAL LAW AND PROCEDURE – ADMISSION OF GUILT: When accused person exercises the right to remain silent – Duty of court is not to treat it as an admission of guilt – Need for the case to be decided on the basis of the evidence given by the prosecution – Whether accused is under any duty to say anything either by himself or elicit evidence through any other witness that will incriminate him – When the accused chooses to testify or elicit evidence through other witnesses in defence and thereby introduces self incriminating evidence – Whether nothing in law prevents the prosecution from relying on such evidence to support or prove its case or the court from relying on such evidence to convict the said accused |
| JOHN AND DAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- House Breaking and Stealing – How the two offences are to be charged – Attitude of Court to charging both under different counts |
| JOHN IBEAKANMA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Rape – Corroboration of prosecutrix’s evidence – Whether necessary – Duty of court in relation thereto. CRIMINAL LAW AND PROCEDURE:- Witness for prosecution – When vital witness for the prosecution not called – Effect. |
| JOHN KHALIL KHAWAM (TRADING AS JOHN KHALIL KHAWAM & CO) V. K CHELLARAM & SONS (NIG) LTD | CRIMINAL LAW:- Murder by machete – Proof Statement of hostile witness put in evidence — Warning on such statement |
| JOHN MAKIN AND SARAH MAKIN, HIS WIFE V. THE ATTORNEY-GENERAL FOR NEW SOUTH WALES | CRIMINAL LAW AND PROCEDURE:- Murder – Serial baby murder and ‘farming’ – How proved – Whether evidence that that several other infants had been received by the accused persons from their mothers on similar representations and on like terms, and that bodies of infants had been found buried in a similar manner in the gardens of several houses occupied by the prisoners, was relevant to the issue which had been tried by the jury |
| JOHN NWACHUKWU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Armed robbery – Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act no. 47 of 1970. Criminal procedure-section 179 of the Criminal Procedure Act-an appellate court can convict of a lesser based on the facts as found by the trial court. |
| JOHN OFUJE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – premeditated killing of a young primary school girl – Throat-slashing – Whether refusal to marry the accused or have sex with him amounted to provocation – Duty of court where nothing can be urged in defence of accused person |
| JOHN PETER (ALIAS IKIRI PETER) V. THE STATE (SC) | CRIMINAL LAW AND PROCEDURE:- Alibi – Where raised – Prosecution producing credible evidence rebutting same – Duty on accused to call evidence in proof of his alibi – Failure so to do – Effect. CRIMINAL LAW AND PROCEDURE:- Alibi -Where raised by accused -Standard of proof required of him CRIMINAL LAW AND PROCEDURE:- Alibi -Where raised by accused person – Onus on prosecution. |
| JOHN PETER (ALIAS IKIRI PETER) V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Defence of alibi: discharge of burden of proof CRIMINAL LAW AND PROCEDURE:– Medical evidence in proof of cause of death – Whether compulsory |
| JOHN V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY:- Three Ingredients the prosecution must establish to prove the offence of armed robbery CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY:- Meaning – Conspiracy as an agreement by two or more persons to do or cause to be done an illegal act or to do a legal act by an illegal means – How proved – Whether facts surrounding the execution of the intention expressed in the agreement will determine whether those charged with the commission of crime acted individually or in pursuance of a prior agreement to effect an unlawful purpose or to effect a lawful purpose by unlawful means – Whether bare agreement to commit an offence suffices – Whether the actual commission of the offence is not a necessary ingredient of the offence |
| JOHNSON AND ANOTHER V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Appeal of conviction for armed robbery – Transition from military to civil rule – Effect of the return of supremacy of the Constitution over military made statutes regulating crimes – Consequences |
| JOHNSON DANIA V. THE STATE | CRIMINAL LAW – MURDER:- Proof of – Defence of partial delusion under the second paragraph of S. 26 of the Criminal code Law (West) – On whom burden of proof lies – Whether burden of proof required is less than that required at the hand of the prosecution in proving the case beyond reasonable doubt and that the burden may be discharged by evidence satisfying the jury of the probability of that which the accused is called upon to establish |
| JOHNSON UTIE V. THE STATE | CRIMINAL LAW AND PROCEDURE: Murder – Premeditated killing of defenceless young girl in the presence of her father – Whether third-party allegation that killer was responsible for girl’s pregnancy amounted to provocation in law – Duty of court when nothing can be urged in defence of accused person |
| JOHNSON V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal breach of trust – Criminal Misappropriation – How proved as to sustain conviction under 5.309 of the Penal Code – Whether relevant intention constituting dishonesty essential ingredient of offence. |
| JONAH V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder Contrary to section 319(1) Criminal Code – Provocation – Extra Judicial and Judicial Confession of the act – Deceased senior relation of appellant. |
| JONES V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW – STEALING:- Amendment of charge – Need to call on accused to elect a fresh mode of trial – Section 304(3), Criminal Procedure Ordinance – Failure to comply – Consequences. |
| JOSEPH ANUV INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Obtaining by false pretences – Representation in the future – Whether discloses offence CRIMINAL LAW AND PROCEDURE:- Substitution of stealing for false pretences – Sec. 174(3) Criminal Procedure Ordinance – Whether proper. |
| JOSEPH IDOWU V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Confessional statement of an accused person – retraction of the statements during trial – propriety of. CRIMINAL LAW AND PROCEDURE:– Proof of guilt of an accused person charged with offence of murder under section 316(3) of the Criminal Code of Ogun State, 1978 – Conditions the prosecutions must establish to secure a conviction. |
| JOSEPH OSEMEH V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder by gunshot – cold and premeditated – here there is nothing to be urged in favour of accused person – duty of court –Effect |
| JOSEPH OSIOBOR ONUBAKA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Propriety of including non-indictable offences in information charging indictable offences – Criminal Procedure Ordinance ss.158 and 340. |
| JOSHUA ALONGE V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Forgery of Finger-Printed document – Whether evidence of finger expert essential – Burden of proof – How discharged |
| JOSHUA CHIBI DARIYE V. THE FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – CORRUPTION, MONEY LAUNDERING AND ABUSE OF OFFICE:- Former Governor – Prosecution based on a petition received by the Attorney General and investigated by the Economic and Financial Crimes Commission (EFCC) – Motion brought before the trial Court by accused person praying for an order to quash the charges against him on diverse grounds, including lack of locus standi to prosecute him and lack of jurisdiction of the trial Court to hear and determine the case – How treated CRIMINAL LAW AND PROCEDURE – PRIMA FACIE CASE: Relevant considerations in determining whether a prima facie case has been made out – Need to consider entire processes before the trial Court including the charge, the statements of offences, the statements of prospective witnesses as well as the statements of the appellant |
| JOSHUA ISIMEKHAI V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Trial Court –Decision – Where reasons for decision not obvious -Whether trial Court bound to give reasons for decisions reached CRIMINAL LAW AND PROCEDURE:- Forgery -.Currency notes – No evidence or circumstances from which to infer knowledge by accused of forged nature of notes-Notes appearing to the court to be forgeries-Whether court could convict-Criminal Code s. 475. |
| JOSHUA V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:– Proof of crime – duty of prosecution to prove a criminal case beyond reasonable doubt and to establish all the elements of an offence CRIMINAL LAW AND PROCEDURE:– Summary trial of an accused person – when trial court can do same. CRIMINAL LAW AND PROCEDURE:- Evidence – Admission of same without asking an accused who pleads not guilty or whether he has an objection – Propriety of |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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