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CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (7)
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CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (7)
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| TITLE | MAIN ISSUES |
| JULANDE V. ZARIA N.A. | CRIMINAL LAW AND PROCEDURE:- Fair trial- Interpretation of the evidence for accused |
| JULIUS BERGER NIGERIA PLC & ANOR V. MRS. DOLAPO OGUNDEHIN | CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT:- Nature of a confessional statement – A confessional statement freely and voluntarily made while testifying before a court or tribunal – Whether a direct and positive assertion which alone is sufficient to sustain a conviction – Whether as a matter of fact, confession made in judicial proceedings is of greater force or value than all other proofs |
| JUWA V. THE STATE | |
| KAJOLA V. C.O.P. | CRIMINAL LAW AND PROCEDURE:- Accused not represented by Counsel – Where options under section 287 (1) (a) of the Criminal Procedure Act not brought to his notice – Duty of court to let him know – Failure thereto – Effect |
| KAJUBO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Trials – Arraignment – Meaning of – Procedural irregularity – Non-compliance with section 215, Criminal Procedure Law – Failure by trial court to ensure compliance with Section 215 C.P.L. Cap. 32, Laws of Lagos State, not recording that charge had been explained to the. accused person to the satisfaction of the court and that he seemed to understand before taking his plea – Effect of Section 33 (6)(a), 1979 Constitution – Nullity of proceedings – Proper consequential order to make – Order of retrial – Power of Supreme Court to order – Section 33(9) 1979 Constitution, Section 12(5) and 30, Supreme Court Act, No. 12 of 1960. |
| KALU V. STATE | CRIMINAL LAW AND PROCEDURE:- Aims of – What it involves. CRIMINAL LAW AND PROCEDURE:- Arraignment – Valid arraignment – Requirements of – Section 36(6)(a)of the 1979 Constitution and section 215 of the Criminal Procedure Law considered. CRIMINAL LAW AND PROCEDURE:- Death penalty’ – Whether chic of court to abolish. |
| KALU V. THE BOARD OF CUSTOMS AND EXCISE | CRIMINAL LAW AND PROCEDURE:- Sentence – Right of prosecutor to appeal against sentence – When not exercisable – S.59 Magistrates’ Courts Law of Eastern Nigeria, 1960. |
| KANDE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Death arising from grievous bodily harm – Proof – Whether lack of first aid or medical treatment for deceased is a defence – Medical Certificate under Section 224(1) – Legal purport CRIMINAL LAW AND PROCEDURE – APPEAL:- Finding of murder and death sentence imposed by trial court – Where it appears from the whole circumstances of the case that the appellant had no intention of killing the deceased – Whether appeal court can interfere |
| KANO NATIVE AUTHORITY V. OBIORA | CRIMINAL LAW AND PROCEDURE:- Native/Moslem courts – Criminal Trials in – Compliance with rules of natural justice CRIMINAL LAW AND PROCEDURE:- Opportunity to accused to call witnesses – Denial of – Effect. CRIMINAL LAW AND PROCEDURE:- Opportunity to accused to call witnesses – Whether accused must be specifically asked if he has witnesses to call. |
| KANU V. THE KING | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Evidence – Extra-judicial confession – Corroboration and Confirmatory circumstances |
| KANU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Fraudulent false accounting – Making false entry in Bank Account – Section 438(6), Criminal Code – Ingredients of. |
| KARARIN ALELU A. FARUQ V. A. SANI MAI ALLON KARFE | |
| KARGO V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Homicide – Culpable homicide punishable with death – Misdirection at trial – Effect thereof. |
| KASAR V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Plea of Provocation – Plea of Self-defence – Consideration thereof. |
| KATO DAN ADAMU V. KANO NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:- Murder – Circumstantial evidence – Effect CRIMINAL LAW AND PROCEDURE:- Murder – Lack of medical evidence – Effect |
| KATSINA NATIVE AUTHORITY V. ABDULLAHI KOGO | CRIMINAL LAW AND PROCEDURE:- Homicide – Appeal – Distinction between criminal proceedings under Sharia/Mohammedan law and English criminal law – Effect |
| KAYODE IDOWU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Conviction – Whether conviction may be founded upon speculative findings – Criminal Law and Procedure – Charge of forgery – Essential ingredient of CRIMINAL LAW AND PROCEDURE:- Charge of stealing – Whether mere ownership of property above income of accused person as of necessity implies their acquisition through unauthorised or illegal sources – CRIMINAL LAW AND PROCEDURE:- Charge of forgery – Where alleged forgeries occurred on different dates – Whether proper to lump the different allegations together Criminal Law and Procedure – Fraudulent false accounting or falsification of accounts – Whether equates to forgery |
| KAYODE V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY: Ingredients – When is the offence of conspiracy complete CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY: Ingredients the prosecution must establish to prove the offence of armed robbery CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY: Meaning and nature of the offence of conspiracy – What prosecution must prove – When an indictment contains charge of conspiracy and substantive charge – Failure to prove substantive offence – Whether makes conviction for conspiracy untenable |
| KAZEEM POPOOLA V. THE STATE | CRIMINAL LAW AND PROCEDURE – INSANITY:- Section 222 of the Criminal Procedure Law of Ogun State – When n accused person shall be deemed to be of unsound mind and consequently incapable of making his defence – Sections 223 and 224 of the Criminal Procedure Laws of Ogun State – Duty of court when the issue of insanity is raised at the trial – When to place the trial on hold while the inquiry into the soundness of mind of the accused is fully carried out so as to see if he cannot continue with his trial or not – Relevant considerations – Importance that the first stage of such an investigation be an invitation for medical examination |
| KECHI V. THE QUEEN | CRIMINAL APPEALS:- Substantial miscarriage of justice, case of. CRIMINAL LAW:- Homicide – Murder or Manslaughter – Provocation – inadequate appraisal of facts of provocation. |
| KESHIRO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Stealing – S.38 3(I) Criminal Code – Essential ingredients of. CRIMINAL LAW AND PROCEDURE:- Obtaining by false pretences -No false representation – Effect. |
| KILLA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE: – Appeal – Leave to appeal – Whether granted where accused pleaded guilty with full knowledge of gravity of his plea |
| KIM V. STATE | CRIMINAL LAW AND PROCEDURE:- “Acting in an unusual manner” in section 222(4), Penal Code – Meaning of. CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence – When sufficient to ground conviction – Relevant considerations. CRIMINAL LAW AND PROCEDURE:– Confessional statement – Denial of by accused – Whether stands rejected by virtue thereof -Attitude of court. CRIMINAL LAW AND PROCEDURE:- Confessional statement – How treated – Validity of – Whether can found conviction of an accused person |
| KING V. BAILEY | CRIMINAL LAW AND PROCEDURE:- Indecent Assault – Indictment containing many Counts – Each Count charging separate Assault on separate Person – Corroboration – Whether Evidence on one Count is corroboration of other Counts – General Verdict. |
| KING V. MILLS | CRIMINAL LAW AND PROCEDURE:- Jury – Essential ingredients of jury service – Majority and minority – Necessity for real agreement |
| KIRARANGE V. QUEEN | CRIMINAL LAW:- Murder – Proof of |
| KOIKI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Indian Hemp Decree 1966 – Unlawful possession of Indian Hemp (Canabis Sativa) contrary to section 3(i)(b) Indian Hemp Decree – Proof – Admission that herbs were Indian Hemp – Court to be satisfied of truth of admission – Herbs analysed – Evidence to connect herbs analysed with herbs recovered – No break in chain of evidence. |
| KOLAWOLE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – How proved – Defence of insanity – When based on accused’s word only – Absence of medical report – Effect of |
| KOMOLAFE V. ONANUGA | |
| KOPA V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Culpable homicide punishable with death contrary to section 221 of the Penal Code – Whether accused can be convicted on confessional statement alone |
| KORGBA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Mischief by fire – Whether depositions may be received without evidence on oath – Criminal Procedure Code N.N. s.239(l) – Section 34 of the Evidence Law, N.N. |
| KUKUMA V. REGINA | CRIMINAL LAW AND PROCEDURE – Murder – Provocation – Abuse – Whether it amounts to. |
| KUMBUL V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Homicide – Culpable homicide punishable with death – S.221, Northern Nigeria Penal Code – Causality – Act of accused, remoteness, setting fine on dying or dead body. |
| KUNNATH V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Trial – Defendant – Foreign defendant – Evidence – Translation of evidence – Duty of trial judge to ensure that evidence translated for defendant |
| KURE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE: Murder – Conviction based on confession – When valid. |
| KURE V. THE STATE | CRIMINAL LAW:– Murder – Defence of Insanity – Onus on prosecution |
| KUSE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Evidence – Dying declaration – Belief in approaching death – Res Gestae – Criminal Law and Procedure – Fitness to plead – Criminal Procedure Code s.320(1). |
| KUSU V. SOKOTO N. A. | CRIMINAL LAW AND PROCEDURE: – Murder – Brutal murder of deceased – Allegation that deceased’s witchcraft prevented wife of accused person from recovery from illness – Whether it is something that can be urged in defence of accused person against murder |
| KWAKU MENSAH V. THE KING | CRIMINAL LAW AND PROCEDURE:- Murder conviction – Non-direction on provocation – Substitution of verdict of manslaughter – Constitution of Court of Appeal – Acting judge – Courts Ordinance (Gold Coast), No. 7 of 1935, s. 9 – West African Court of Appeal Orders in Council (No. 2 of 1935) Consolidated, ss. 2, 5. |
| KWARANGA MUBARAK ARABI V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Culpable homicide not punishable with death – scope of. CRIMINAL LAW AND PROCEDURE:– Defence of accident under section 48 of the Penal Code – purport of. |
| LABABEDI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Cheating – Obtaining goods by fraudulent device – Ingredients of – Section 421, Criminal Code CRIMINAL LAW AND PROCEDURE:- False customs bills of entry and invoices – Whether constitute fraudulent devices – Section 421 Criminal Code. |
| LADIPO V. QUEEN | CRIMINAL LAW AND PROCEDURE – Murder – Defence of Insanity – Effect of wrongful dismissal |
| LADO V. STATE | CRIMINAL LAW AND PROCEDURE-culpable homicide is not punishable with death -Defence of Provocation under section 222(1) of the Penal Code -Ingredients thereof CRIMINAL LAW AND PROCEDURE-Whether the gravity of provocation can be correctly assessed in isolation from the manner or life of the community to which the accused is a member. CRIMINAL LAW AND PROCEDURE-onus on the prosecution to prove the guilt of an accused person beyond reasonable doubt |
| LAFIA V. COMMISSIONER OF POLICE | |
| LAMU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal Appeals – Supreme Court – Evidence wrongly admitted occasioning miscarriage of justice CRIMINAL LAW AND PROCEDURE:- Murder – Culpable homicide punishable with death – Duty of prosecution thereto – Defence of insanity and memory loss – When considered not proved – How treated |
| LAOYE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Self defence – Availability as defence – Uncontradicted testimony by accused that deceased, angered by his comments about deceased’s girlfriend lunged at him with a knife 3 times during ensuing fight before eventually drawing out his own knife and inflicting 5 wounds resulting in death – Substituted verdict of Guilty of murder from guilty of manslaughter- Where conviction based on failure to adequately consider defence of self-defence and wrongly finding provocation proved – Where self-defence established on accused’s uncontradicted evidence – Duty of to set aside conviction and find accused discharged and acquitted – Sections 223 and 224 of the Criminal Code of Western Nigeria considered |
| LASISI SALIU V. THE STATE | CRIMINAL LAW AND PROCEDURE – DEFENCE OF INSANITY:- Elements to be proved to establish a defence of insanity CRIMINAL LAW AND PROCEDURE – DEFENCE OF INSANITY:- Who is to determine the sanity of an accused person |
| LATEEF ADENIJI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Arraignment -Compliance with the mandatory provisions of section 215 of Criminal Procedure Law of Lagos State |
| LATEEF SADIKU V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY:- Proof of – Doctrine of recent possession – Relevant consideration CRIMINAL LAW AND PROCEDURE – ALIBI:- Meaning – Duty of the accused person to furnish the particulars of his whereabout and those present with him at the material time of the incident – Duty of prosecution to investigate veracity of alibi – Effect of failure thereto CRIMINAL LAW PROCEDURE – IDENTIFICATION PARADE:- Proof of crime – When identification parade is essential – Whether unnecessary where the witness knew or was familiar with the accused or suspect well before the alleged crime was committed – Circumstances under which an identification parade is necessary |
| LATEEF SHOFOLAHAN V. THE STATE | CRIMINAL LAW AND PROCEDURE – CONSPIRACY TO COMMIT MURDER:- The offence of conspiracy – Meaning – How the offence may be established – Whether necessary that the conspirators should know each other – When conspiracy is deemed complete CRIMINAL LAW AND PROCEDURE – WITNESSES:- Prosecutor – Proof of crime – Whether has no duty to field witnesses except those relevant to the prosecution of his case – Attitude of court to failure thereto CRIMINAL LAW AND PROCEDURE – INCONSISTENT STATEMENT OF A WITNESS:- Previous statement made by a witness which is inconsistent with the testimony of the witness before the Court – Effect of prosecution’s failure to proffer a reasonable and satisfactory explanation for the inconsistency of a witness’ statement – Bounden duty of the court to reject both the previous statement and the evidence given by the witness on oath as unreliable where the prosecution fails to proffer any reasonable and satisfactory explanation for the inconsistency – Whether Court has a duty to refrain from proffering any explanation if the prosecution fails to do so |
| LATIFU YUSUFU V. THE STATE | CRIMINAL LAW:– Murder – Defence of insane delusion – Onus of proof |
| LAWAL V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- False pretence – Issuance of postdated cheque – Section 419 of the Criminal Code – Principles applicable. CRIMINAL LAW AND PROCEDURE:- Obtaining by false pretences – Distinction between existing fact and promise. CRIMINAL LAW AND PROCEDURE:- Obtaining by false pretences – Issuance of post-dated cheque -Whether by itself constitutes the offence of false pretences. |
| LAWAN V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Multiple eye witness accounts – When court would not consider discrepancies in the accounts of eye witnesses as important as to affect the veracity of their testimony CRIMINAL LAW AND PROCEDURE: Evidence – medical examiner – Corroboration needed for the testimony of a medical examiner |
| LAWRENCE AGBAJE V. THE REPUBLIC | CRIMINAL LAW AND PROCEDURE:- Criminal prosecution – Sentencing proceeding – Age of defendant –Need to determined same – Effect of failure thereof CRIMINAL LAW AND PROCEDURE:- Murder – Proof thereof – Jury trial – Questions by jury to witnesses – Desirable limits thereof |
| LAWRENCE JIRGBAGH V. UNION BANK OF NIG . PLC | CRIMINAL LAW:– Gross misconduct amounting to a criminal offence – Whether prosecution of the employee is required before dismissal can be valid CRIMINAL LAW:– Prosecuting an employee for a criminal offence – Whether failure to prosecute amounts to a waiver of the offence |
| LAWRENCE OGUNO & ANOR. V. THE STATE | CRIMINAL LAW AND PROCEDURE – CULPABLE HOMICIDE:- Elements – How proved – Relevant considerations CRIMINAL AND PROCEDURE – OFFENCE OF ABETMENT:- Section 85 of the Penal Code – What the prosecution must prove for an accused person to be convicted of abetment – Need to show there was an encouragement, incitement, setting on, instigation, promotion or procurement of offence – other relevant considerations – Acts mentioned as abetments in the alternative and not cumulative – How treated |
| LAYONU AND OTHERS. V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Evidence Act – ss. 19A 209 – Statement of prosecution witness to police – Whether Defendant has right to demand production and use of same – Scope of use – Where application to produce witness’ previous statements improperly refused – Duty of appeal court thereto CRIMINAL LAW AND PROCEDURE – EVIDENCE: – Written statement in the possession of the prosecution which was made by a witness called by the prosecution and relates to any matter on which the witness has given evidence – Whether such a statement is not evidence of the facts contained in it – Use to which defence can put statement to – Evidence Act, ss. 198 and 209 – Implication thereof |
| LEITH McDONALD RATTEN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder or Manslaughter – Ingredients of – Use of shotgun in the house – Whether shooting accidental |
| LEWIS V. AVERAY | |
| LEYIMI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Plea of Self defence – How established |
| LIADI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Homicide —Murder –Jury – Summing up -Trial judge failing to leave issues of facts to jury to determine – Effect |
| LIGALI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Conspiracy by deceit to defraud – Obtaining money by false pretences – Conviction on Obtaining by false pretences can stand when there is acquittal on conspiracy false pretences – operative inducement. – Bail after conviction – exposition of law to be used |
| LILLEY V. PETTIT | CRIMINAL LAW ANND PROCEDURE:- Making a false statement relating to a birth contrary to s. 4 of the Perjury Act, 191 – What prosecution must prove – Admissibility of military records as public record when they are in fact not open to the public |
| LIMAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable homicide not punishable with death – Proof of CRIMINAL LAW AND PROCEDURE:- Evidence of accused person – Where it may be a record in brevity in the history of trials for homicide – “I live around Panda. I did not strangle my mate.” – Whether can be effective in exculpating accused of leveled charge CRIMINAL LAW AND PROCEDURE:- Proof of crime – Murder – Medical report as to cause of death – When court has a duty to secure attendance of doctor who wrote medical report as key witness – When such attendance would not be necessary – relevant considerations – Effect of failure thereto |
| LOCKNAN AND ANOTHER. V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable Homicide Punishable with Death Interpreter affirmed at beginning of trial not shown to have been present on latter day – Interpreter when counsel present did not object – Evidence of witness admissible under Sec. 198 and 209 of Evidence Law. |
| LOGAN V. R | CRIMINAL LAW AND PROCEDURE:- Belize – Criminal law – Murder – Provocation – Whether words alone can amount to provocation under law of Belize – Belize Criminal Code, ss 116-119. |
| LORD SAMUEL AKHIDIME V. THE STATE | CRIMINAL LAW AND PROCEDURE – DEFENCE OF DELUSION:- Distinction from defence of back-out or amnesia (temporary and complete failure of memory) – Need for a judge to appreciate the essential nature of a delusion as a lie and incapable of being proved evidentially – Proper way to treat defence of delusion – Consideration of the element of self-defence in relation to delusion CRIMINAL LAW AND PROCEDURE – MURDER:- Proof of – Defences – Section 24 of the Criminal Code – Insanity and Delusions – Distinction – Where case of prosecution offered no evidence to repudiate accused person’s defence of delusion as distinct from insanity – How treated |
| LORI V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Circumstantial Evidence – Essential elements CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Doctrine of recent possession – When insufficient to sustain conviction of murder – Appellant in unlawful possession of deceased’s taxi shortly after deceased allegedly killed – Absence of evidence linking appellant with deceased’s death – How treated |
| LT COL. A. AKINWALE V. NIGERIAN ARMY | CRIMINAL LAW AND PROCEDURE:– Prosecution under the General Court Martial pursuant to the Armed Forces Decree – Investigation, Conviction, Sentencing and Confirmation of Sentence – Whether one integral process even if split under more than one panel – Whether the same person can act as the sentencing and confirming authority – Period provided for accused person to make representations to the confirming authority – Whether a right that cannot be short-circuited by confirming authority – When such short-circuiting would amount to breach of fair fairing CRIMINAL LAW AND PROCEDURE:– Right to counsel of person facing prosecution before a General Court Martial – Duty of accused person to secure his own counsel – Whether accused can secure counsel from within or outside the ranks of active military lawyers – Whether tribunal can impose counsel on accused person – What would not amount to imposition of counsel CRIMINAL LAW AND PROCEDURE:– Likelihood of bias – What constitutes same in proceedings under General Court Martial – Where same authority acts as investigating/sentencing authority as well as confirming authority – Where confirming authority confirms sentence without receiving representation of accused person – Where confirming authority promulgates sentence without observing the statutorily prescribed period allowed accused person to make representation to it – Whether raises a doubt which must be resolved in favour of accused person by appellate court |
| LT. COMMANDER STEVE OBISI V. CHIEF OF NAVAL STAFF | CRIMINAL LAW AND PROCEDURE:– Offences under section 57(1) of the Armed Forces Decree No. 105 of 1993 – Maximum term of imprisonment stipulated thereunder CRIMINAL LAW AND PROCEDURE:– Proof of crime – Duty on prosecution to prove a criminal charge beyond reasonable doubt. |
| LUDLOW V. METROPOLITAN POLICE COMMISSIONER | CRIMINAL LAW AND PROCEDURE:- Crime – Indictment – Joinder of charges – Attempted larceny and robbery with violence – Two offences committed in neighbouring public houses within weeks – Whether “series of offences of … similar character” – Indictments Act, 1915 (5 AND 6 Geo. 5, c. 90), Sch. I, r. 3. |
| LUFADEJU V. JOHNSON | |
| M.A. SANUSI V. THE STATE | CRIMINAL LAW AND PROCEDURE – FITNESS OF AN ACCUSED PERSON:- When an investigation into the mental fitness of an accused arises CRIMINAL LAW AND PROCEDURE – PROVOCATION AND SELF DEFENCE:- Distinction between Provocation and Self Defence CRIMINAL LAW AND PROCEDURE – ACCUSED PERSON’S STATEMENT:- Whether an accused person’s statement once admitted is proof of its being made or proof of its content? |
| MACKAM V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Capital offences – Duty of prosecution to prove same – Medical evidence – Failure of prosecution to call medical officers at trial – whether fatal – relevant considerations CRIMINAL LAW AND PROCEDURE:- Proof of criminal charge – Calling of witnesses – Discretion of prosecution counsel thereto |
| MADJEMU V. STATE | CRIMINAL LAW PROCEDURE:- Murder – Proof of – Confessional statement – Duty of court where an accused disputes the correctness of contents of the written confessional statement or asserts that he made no statement at all CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Defence of Insanity – When will avail accused |
| MADU V. STATE | CRIMINAL LAW AND PROCEDURE:- Interpreter – Question of provision of -When will arise under Section 33(6)(e) of the 1979 Constitution. CRIMINAL LAW AND PROCEDURE:- Interpreter – Where required in criminal proceedings – Duty on court – Whether presence of interpreter must be recorded day to day. |
| MADU FATUMANI V. THE KING | CRIMINAL LAW AND PROCEDURE:- Murder – Appeal – Confession of accused person – Admissibility – Confession made to Village Head after a moral adjuration – Whether inadmissible as one induced by a threat or a promise made by a person in authority in relation to the charge – Section 28, of the Evidence Ordinance – How treated |
| MADUGBA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:– Murder – How proved – Defence of insanity – Fitness of accused to plead and stand trial – Medical Certificate on – Whether binding on court – Sections 122, 223 and 224 Criminal Procedure Ordinance CRIMINAL LAW AND PROCEDURE:- Murder – Proof of Murder – Fitness of accused to stand trial – Medical certificate on – Whether binding on court |
| MAFE V. I.G.P. | CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence – When it can ground conviction. CRIMINAL LAW AND PROCEDURE:- Stealing – 5.390 of the Criminal Code – Circumstantial evidence – Conviction on evidence thereof. |
| MAHARAJ V. ATTORNEY GENERAL OF TRINIDAD AND TOBAGO | |
| MAIDUGURI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Trial -No case to answer – Submission not made – Whether Court properly held accused had case to answer – N. R. Criminal Procedure Code, 1960 Section 191(3) – Criminal Procedure Ordinance, Section 286. |
| MAIDUGURI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Extra judicial confession – Defence of accidental killing – Trial within a trial – Decides only admissibility not weight – Failure to direct jury accordingly – Duty of court to consider if defence disclosed in evidence – Failure to consider defence of accused – Effect of. |
| MAIKUDI ALIYU V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Ingredients – need for prosecution to discharge onus of proof – Where accused pleads alibi – How discharged – Identification parades – Proper way of conducting same |
| MAILAYI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Charge-Judge failing to order separate trials of counts 1 and 3 -Whether prosecution acted within section 214 (1) of the Criminal Procedure Code in joining the counts. CRIMINAL LAW AND PROCEDURE:- Evidence – Accomplice – Need for trial judge to exercise necessary caution in assessing credibility of witness — Evidence Act s.177 (1) and (2) CRIMINAL LAW AND PROCEDURE:- House trespass – Police officer – Duty of a police officer to prevent commission of a crime |
| MAITAMBOTSE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of provocation – Accusation of theft – Whether sufficient provocation. |
| MAIZABO AND OTHERS V. SOKOTO NATIVE AUTHORITY | CRIMINAL LAW:- Intentional Homicide – Offence under native law and custom – Maliki law – Sentence of death – Powers of High Court under Section 67 Native Courts Law, 1956 – Section 124 Native Courts Ordinance, Cap. 142. |
| MAJA V.THE STATE | CRIMINAL LAW AND PROCEDURE:- Conviction of offence different from that charged – Lesser offence – Conviction for grievous harm possible on charges of attempted murder and wounding with intent – Whether words like “unlawful” and “grievous harm” not necessary in particulars but must be proved CRIMINAL LAW AND PROCEDURE:- Conviction of offence different from that charged – Substitution of lesser offence – Whether no infringement of 1963 Constitution, s.22(5) if essential particulars of lesser offence stated in original charges are proved – Whether requires no reference needed to statutory provision creating lesser offence |
| MAJOR BELLO MAGAJI V. THE NIGERIAN ARMY | CRIMINAL LAW AND PROCEDURE – SODOMY:- Proof of – Ingredients – Whether requires proof of penetration – Proof of under Section 81 of the Armed Forces Decree [Now Act]- Carnal knowledge “against the order of nature, or … is guilty of an offence under this section” – Meaning – How satisfied CRIMINAL LAW AND PROCEDURE – SODOMY:- Proof of under the Armed Forces Decree – Whether requires corroboration like rape cases – Carnal knowledge or connection – Whether definition under Section 6 of the Criminal Code Act is applicable CRIMINAL LAW AND PROCEDURE – HOMOSEXUALITY:- Carnal connection or knowledge against the order of nature – What qualifies – Sex between male and female humans – Whether only category satisfying carnal knowledge within order of nature CRIMINAL LAW AND PROCEDURE – HOMOSEXUALITY:- Attitude of court thereto CRIMINAL LAW AND PROCEDURE – SEXUAL OFFENCES – UNLAWFUL CARNAL KNOWLEDGE:- Proof of penetration – Meaning in sodomy cases – Meaning under section 81 of the Armed Forces Act CRIMINAL LAW AND PROCEDURE – CRIMINAL CHARGE:- An accused person charged with committing an offence against two or more persons – Whether can be convicted if only charge against one person proved – Whether prosecution required to prove the commission of the offence against all the victims before the accused could be convicted CRIMINAL LAW AND PROCEDURE – CRIMINAL CHARGE:- Objection to a charge for any formal defect on the face thereof or for any perceived irregularity relating say to procedure – Rule that same be taken immediately after the charge has been read over to the accused and not later – Effect of failure thereto CRIMINAL LAW AND PROCEDURE – PRE-TRIAL STATEMENT:- Admissibility of – Rule 57 of the Rules of Procedure (Army) 1972, MM; 1972 – Written statement which is admissible in accordance with the provisions of the Criminal Justice Act, 1967, as modified by the Court Martial Evidence Regulation 1967 – Whether can handed to the court by the prosecutor or the accused without its maker being produced as a witness for cross-examination CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT:- Meaning of – Necessity for confessional statement to unequivocally showcase ingredients of the commission of the offence charged – Failure of statement thereto – Whether makes the issue of voluntariness of statement of no legal effect CONSTITUTIONAL AND HUMAN RIGHTS LAW – FAIR HEARING:- Purport of the fair hearing constitutional provision – Duty of court not to apply principle in the abstract but rather always situate same within the facts of the case before the court – Need to apply same to the case of both parties before the court CRIMINAL LAW – CRIMINAL DEFENCE:- Accused person, who decide to rest his case on the case as presented against him by the prosecution – Legal implication |
| MAJOR HAMZA AL-MUSTAPHA V. THE STATE | CRIMINAL LAW AND PROCEDURE – PROOF OF MURDER – PROOF OF OFFENCE: Ingredients that must be established for conviction – Proof of evidence – Three ways by which prosecution proves its case against an accused – Need for some evidence, which links the accused with the offence beyond suspicion or mere conjecture CRIMINAL LAW AND PROCEDURE – PROOF OF MURDER – PROOF OF OFFENCE: Suspicion and its degree – Whether grievance or grouse, conjecture, hatred, or even the strongest SUSPICION can ever found a conviction in law CRIMINAL LAW AND PROCEDURE – CONSPIRACY: Ways by which conspiracy for criminal purpose may be formed – Meaning of chain of conspiracy |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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