CASES/JUDGMENTS OF NIGERIAN COURTS ON CRIMINAL LAW AND PROCEDURE (10)
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| TITLE | MAIN ISSUES |
| OKAFOR V. STATE | CRIMINAL LAW AND PROCEDURE:- (Miscellaneous Provisions) Edict, 1974, S.18 (jj) and (ii) Criminal law – Information illegality – Effect – Retrial order – Inappropriateness. |
| OKARA V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Sentence of death – Age of accused at commission of crime – Duty of court in relation to determination of age – Proper sentence to pass on accused person of 17 years of age |
| OKEKE V. THE STATE | CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE:- Object and Proper procedure – When necessary CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY:- Proof of – Essential ingredients of – Onus of proof to be discharged by the prosecution CRIMINAL LAW AND PROCEDURE – SUSPICION:- Whether can amount to evidence beyond reasonable doubt |
| OKEREKE V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Circumstances where an offence of murder can be said to be committed |
| OKON ETIM AKPAN V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Whether court can convict on the uncorroborated testimony of a tainted witness – Who can be regarded as a tainted witness – Iingredients prosecution must prove beyond reasonable doubt – Number of witnesses the prosecution is required to call in order to succeed CRIMINAL LAW AND PROCEDURE:- Murder – Evidence effect of lies on conviction of accused – Whether medical evidence as to the cause of death is essential in all cases of homicide |
| OKUNADE KOLAWOLE V. THE STATE | CRIMINAL AND PROCEDURE – CALLING OF WITNESSES: The duty of prosecution to call witnesses – Where certain witnesses are not called – Absence of vital witnesses – Need for prosecution to show that attempt to secure the attendance of those vital witnesses by the prosecution was frustrated by certain circumstances – When there is a witness whose evidence will settle a point in issue one way or the other – whether failure to call the key witness may be fatal CRIMINAL LAW AND PROCEDURE – THE DOCTRINE OF RECENT POSSESSION: The doctrine of recent possession of stolen property – Presumption that person in possession is either the thief or received the property knowing it to have been stolen – How rebutted |
| OLADAPO V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Ritual killing – Confessional statement – Ingredients for successful conviction thereof |
| OLANREWAJU AYAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Conspiracy to commit murder – How proved CRIMINAL LAW AND PROCEDURE- DEFENCE OF ALIBI:- Onus to satisfy the evidential burden of setting up enough facts on which an alibi can rest – On whom rest – Burden on prosecution to rebut such evidence – Whether failure to investigate an alibi would be fatal to the prosecution’s case – Whether the defence needs to be investigated where the presence of an accused is fixed at the scene of the crime |
| OLAYIWOLA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Causing death through the procurement of unlawful abortion- Burden of proof – Duty of prosecution thereto – Whether not dependent on calling all the witnesses scheduled |
| OLISAEMEKA IGBOKWE V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER – CONSPIRACY TO COMMIT MURDER:- Proof of – Murder in a State – Conspiracy to commit murder inside the Federal Capital Territory – Whether the Attorney General of the Federation has power to issue fiat to a private law firm to prosecute both offences – Trial in the High Court of the Federal Capital Territory Abuja – Competence |
| OLUBEKO V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW:- Stealing of real estate instrument and false representation of another – Ingredients – Relevant consideration |
| OLORUNTOSIN BELLO V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY: Ingredients to be established by the prosecution in a case of armed robbery CRIMINAL LAW AND PROCEDURE – BURDEN OF PROOF:- Burden of proof on the prosecution in a criminal case and whether such burden can shift |
| OLUDOTUN OGUNBAYO V. THE STATE | CRIMINAL LAW AND PROCEDURE – RAPE:- Proof of rape – Penetration as important and essential of the offence of rape – Sexual interference – Whether deemed complete, upon proof of penetration of the penis into the virgina – Whether any, even the slightest penetration, will be sufficient to constitute the act of sexual intercourse – Whether proof of the rupture of the hymen is unnecessary, to establish the offence of rape CRIMINAL LAW AND PROCEDURE – RAPE: Defence – Consent of the victim – whether a complete defence to the offence – How proved – Onus to prove same |
| OMOGHENE AJARIA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE: – Abnormality of behaviour of accused at trial – Where defence of insanity was not raised on behalf and trial judge considered the evidence for and against the accused person in the light of his abnormal behaviour in order to see if his case could be brought within the provisions of section 28 of the Criminal Code – When Not proof of insanity – Whether ground for consideration in deciding on the exercise of mercy CRIMINAL LAW AND PROCEDURE: – Murder – Proof – Evidence that is not indicative of provocation – Relevant considerations |
| OMOHODION V. C. O. P. | CRIMINAL LAW AND PROCEDURE:- Assault occasioning bodily harm – Whether evidence shows common Assault – Criminal Code, Cap. 42, section 351, section 355. |
| OMORUYI V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF MURDER: Proof of – Essential ingredients for convicting an accused for the offence of murder CRIMINAL LAW AND PROCEDURE – CAPITAL OFFENCE – DUTY OF COURT: Judgment of court imposing a death sentence or dealing with conviction for capital offence – Need for such to be arrived at based on analytical reasoning that attracts confidence based on cogent and admissible evidence in which the facts leading to his conviction are clearly found and legal inference carefully drawn – Whether the law is now firmly settled by a plethora of authorities that it is better for ten guilty persons to escape than for one innocent person to suffer |
| OMORUYI V. THE STATE II | CRIMINAL LAW AND PROCEDURE:- Voluntariness of confessional statement – Admissibility of – Trial within trial CRIMINAL LAW AND PROCEDURE – MURDER:- Ingredients of – Defence of provocation |
| ONYEKACHI OKEMMIRI V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – ALLOCUTUS:- Plea of ‘Guilty’ – Where an allocutus after the plea obviously negates the plea of guilty – Duty of trial Court to satisfy itself of the admission by accused person of the offence – When court should allow accused to withdraw the plea CRIMINAL LAW AND PROCEDURE – ARRAIGNMENT: Requirements of a valid arraignment – Effect of a plea of an accused person upon arraignment in a criminal proceeding CRIMINAL LAW AND PROCEDURE – ARRAIGNMENT: Plea taking the plea of an accused person upon arraignment – Whether a matter of procedural Law or substantive law – Defect of arraignment – Whether renders the proceedings a nullity – Whether the arraignment and taking of plea of an accused person is the very commencement of Criminal trial – Need for court to observe strict and mandatory compliance in matters relating thereto CRIMINAL LAW AND PROCEDURE – OFFENCE OF DEALING WITH INDIAN HEMP: Essential ingredients that must be proved beyond reasonable doubt to successfully secure a conviction – Section 10H of the National Drug Law Enforcement Agency (Amendment) Act No. 15 of 1992 |
| OPARA V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Jurisdiction – Whether Federal Supreme Court can grant bail after conviction pending appeal |
| OPAYEMI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Witnesses – Calling of Witnesses – Duty of Prosecution and Court – Defences raised by Accused – Duty of prosecution and Court – Failure to consider. |
| OPOLO V. STATE | CRIMINAL LAW AND PROCEDURE:- Obtaining by false pretences – Employment – Misrepresentation of job designation and salary – How treated |
| ORJI EDWARD V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Burden on prosecution to establish the guilt of an accused – How discharged |
| ORISAKWE V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Burden on prosecution – How discharged – Criminal responsibility – Age of accused person – Section 30 Criminal Code, Cap. 30, Laws of Eastern Nigeria 1963 – Relevance in sentencing for accused found guilty of murder – Section 319, Criminal Code, Cap. 30 Laws of Eastern Nigeria 1963 considered CRIMINAL LAW AND PROCEDURE:- Witnesses – Power of court to call or re-call witness suo motu – Source of – When irregularly exercised – When deemed breach of fair hearing and constituting attempt to aid the case of prosecution by removing doubt which benefit ought to be given to the accused person |
| OROKE NWOKA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of provocation – Proportionality of response – When relevant – Effect |
| OROROSOKODE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – When circumstantial evidence would not avail the prosecution – Effect of inconclusive circumstances on the inference of guilt – Need to investigate and dislodge alibi effectively |
| ORUNGUA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Practice and Procedure – Information filed by the Director of Public Prosecutions under section 340 (2)(b) of the Criminal Procedure Act without a preliminary investigation – Whether such procedure had been abolished by the Criminal Law Act, 1967; s. 6(6) (England) — Criminal Procedure Act s. 363. CRIMINAL LAW AND PROCEDURE:- ”Information’ erroneously referred to as “Criminal Information’-Whether defect cured by provisions of section 22 of the Interpretation Act, 1964. |
| ORUWARI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Appeals to Supreme Court – Extension of time to appeal and leave to appeal – Refusal where appeal lacks merit – Grounds of appeal complaining of trial magistrate’s refusal to allow recall of witnesses for cross-examination after amendment of charge – Amendment not going to substance of charge but merely substituting correct section for repealed section under which defendant charged – Witnesses cross-examined before amendment – Opportunity of re-calling witnesses offered immediately after amendment but declined at that stage by applicant (his counsel being absent) – Trial magistrate’s refusal erroneous but no miscarriage of justice occasioned – Application refused. |
| OSADIAYE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder – Proof of – Essentials CRIMINAL LAW AND PROCEDURE:– Rape – Sex initiated under state of insensibility produced by alcohol or drugs – When evidence is deemed not adequate to sustain rape |
| OSAHON V. THE FEDERAL REPUBLIC OF NIGERIA | CRIMINAL PROCEDURE:– Prosecution of criminal cases – Federal High Court – whether police officers can prosecute. CRIMINAL PROCEDURE:– Prosecution of criminal cases at the Abuja High Court – Olusemo v. COP (1998) 11 NWLR (Pt. 575) 517 reconsidered. |
| OSAKWE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Receiving – Mere willingness to receive – Whether sufficient under 5.429 Criminal Code to sustain charge |
| OSAWE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Failure to interpret proceedings to the accused in the language he understands – Effect |
| OSAYANDE V. COP | CRIMINAL LAW AND PROCEDURE:- Wilful and unlawful damage – Stealing – Magistrate signing record book not directly below judgment but after writing conditions of appeal – Effect of – In view of section 245 Criminal Procedure Law of Bendel State – Counsel to accused arguing only one ground of appeal in High Court – Complaint that Court of Appeal ought to remit case to enable other grounds of appeal to be argued – Whether proper. |
| OSAYEME V. STATE | CRIMINAL LAW AND PROCEDURE:- Sentence-Appellant in custody for two and a half years before trial – period of custody – To be taken into consideration in awarding sentence |
| OSEMELU V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Perjury -Section 101 of the Criminal Code of Western Nigeria – When false testimony amounts to perjury. |
| OSUGO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof – Circumstantial evidence – Identification of victim of a gruesome murder – Whether a necessity – How treated |
| OSUJI V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF MURDER: Ingredients needed to ground conviction – Duty of prosecution thereto CRIMINAL LAW AND PROCEDURE – CONVICTION: Whether a Court can convict solely on the confessional statement of an accused CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE/PROVOCATION: Whether available to an aggressor or can be raised by an accused who has denied committing the offence CRIMINAL LAW AND PROCEDURE – MEDICAL EVIDENCE: Whether mandatory for an accused to be present when post mortem examination is conducted |
| OTTI V. STATE | CRIMINAL LAW AND PROCEDURE – Robbery – Ingredients of – “Actual Violence” in section 401 Criminal Code – What amounts to. CRIMINAL LAW AND PROCEDURE – Defences – Alibi – When to raise – Where raised – How proved. CRIMINAL LAW AND PROCEDURE – Proof of crime – Identity of accused Identification parade – When unnecessary to conduct. |
| OTUBANJO AND ORS. V. INSPECTOR-GENERAL OF POLICE | |
| OTUPU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Intention to kill another person other than deceased – Whether a defence |
| OVU V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Sentences – Increase of – Co-accused not appealing against increased sentence – Successful appeal against sentence by one of the accused – Effect on sentence of other accused persons. CRIMINAL LAW AND PROCEDURE:- Sentences – Increase of sentences on appeal to High Court – Improper – Section 38(2), High Court Law, 1955. |
| OWE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – When a murder charge can be substituted with attempt to murder – Criminal Code Law, W. R. sections 257, 258 – Criminal Procedure Ordinance, Section 169 CRIMINAL LAW AND PROCEDURE: Appeal Courts – Power of appellate court to substitute conviction for one offence with another – Criminal Procedure Ordinance – Cap. 43, section 169. CRIMINAL LAW AND PROCEDURE:- Murder – Plea of Insanity – How proved – W.R. Criminal Code Law, W.R. Cap. 28, Section 26. |
| OYADEJI V. ADENLE | CRIMINAL LAW AND PROCEDURE:- Criminal Trespass – Offence of – How constituted – Ingredients of |
| OYAKHIRE V. STATE | CRIMINAL LAW AND PROCEDURE:- Culpable homicide – Rogue Police officers causing death of several others via gunshot wound and by setting deceased person’s vehicle on fire and burning them to ashes – Armed robbery – Mischief by fire – Criminal conspiracy to commit culpable homicide, armed robbery and mischief by fire contrary to and punishable under Section 97 of the Penal Code – Standard of proof required – How discharged – Relevant consideration CRIMINAL LAW AND PROCEDURE:- Accused person – Need to avail an accused of any defence open to him from the totality of the evidence. CRIMINAL LAW AND PROCEDURE:- Accused persons and common intention to commit a crime – Conviction of accused persons – Whether it was right to convict all the accused persons with evidence which does not specifically indicate their individual degree of culpability – Common intention – How established –Whether it is firmly established that two or more persons formed the necessary common intention to prosecute an unlawful purpose and in the prosecution of such purpose, an offence of such nature that its commission was probable consequence of the prosecution of such purpose is committed, each of them is deemed to have committed the offence – Whether the person actually delivering the blow is said to be no more than the hand by which the others all strike – Legal implications |
| OZAKI V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder by mob executed lynching – How proved – Defences of provocation and Self-defence – Alibi – Whether consideration of the defence of provocation and self-defence is not necessary when a defence of alibi is set up CRIMINAL LAW AND PROCEDURE:– Alibi – Meaning – Rule of law that notice of intention to raise it must be given at the first possible opportunity by a suspect in answer to a charge by the police at the investigation stage to enable the truth or falsity of the allegation to be established by the police – whether once a defence of alibi has been promptly and properly put up, the burden is on the prosecution to investigate it and rebut such evidence in order to prove the case against the accused beyond reasonable doubt |
| OZANA UBIERHO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof – Cause of death – Medical evidence – Whether indispensable in all cases – Relevant considerations CRIMINAL LAW AND PROCEDURE:- Common intention to prosecute unlawful purpose – Criminal act done in furtherance thereof – Culpability of participants therein CRIMINAL LAW AND PROCEDURE:- Confession – Meaning – Whether can ground conviction without corroboration – Extra-judicial – Confessional statement – Where retracted – Attitude and duty of court thereto – Whether can ground conviction – Relevant considerations |
| OZIGBO V. C.O.P. | CRIMINAL LAW AND PROCEDURE:- Robbery – Ingredients of – “Actual Violence” in section 401 Criminal Code – What amounts to – Stealing cheque leaf – Forgery of cheque – Attempting to steal money – Evidence of Ezpen Witness – Section 107(1) Evidence Act. |
| OZO V. THE STATE | |
| PATRICK JACOB OSOBA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:—Stealing – False pretences — Conversion abroad set in train by telegram from without country — Trial in Lagos – Jurisdiction — Director of bank converting bank’s money—Payment into account of a company of which accused is a director – How treated – Criminal Code, sections 1,10A,12A (2) (a), 383 (1), 383 (2) (f), 383 (4), 390 with paragraph (7),435 (1) |
| PAUL YABUGBE V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Criminal proceedings – Limitation of time – Applicability. Interpretation of Statutes – Marginal notes – Use of – |
| PETER ABIOLA AND OTHERS V. COMMISSIONER OF POLICE (HC) | CRIMINAL LAW – EVIDENCE:- Appeal from trial court- Evidence – When leave to adduce additional evidence before Appellate Court may be granted |
| PETER JONNY LOKE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Insanity – Misdirection – Failure of trial Judge to consider accused history of mental illness – Totality of evidence indicative of insanity – Conviction of murder substituted with verdict of not guilty by reason of insanity |
| PIUS NWEKE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal Prosecution – Effect of motive on murder cases – Burden of proof – On whom lies CRIMINAL LAW AND PROCEDURE:- Criminal Conviction – Where particulars given are insufficient or incomplete – Condition precedent to securing criminal conviction – Duty of court thereto |
| R. I. EREGIE V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Criminal Procedure Ordinance, section 286 – Defence called upon though no case to answer – Subsequent evidence warranting conviction – Propriety |
| RABBO DAMINA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Failure to identify deceased body – Effect on prosecution’s case – Whether conviction can stand. CRIMINAL LAW AND PROCEDURE:- Testimony of accused – Where given in language other than English and translated to English – Whether Judge can suo motu re-translate – Where done – Effect on trial – Sections 241 and 242 of the Criminal Procedure Code considered. |
| RABI ISMA’IL V. THE STATE | CRIMINAL LAW AND PROCEDURE – CONVICTION FOR CULPABLE HOMICIDE:- Securing conviction for culpable homicide under section 221 (b) of the Penal Code – Three ingredients for the prosecution to prove – Need for all the three ingredients to be proved beyond reasonable doubt CRIMINAL LAW AND PROCEDURE – CONVICTION FOR MURDER:- Before a conviction for murder can be sustained on circumstantial evidence – What such evidence must satisfy – Need for the circumstances from which an inference of guilt is relied on to be cogently and clearly established – Need for the circumstances to point towards the guilt of the accused person – Need for all the circumstances, when taken together, that the only reasonable conclusion be that it was the accused person who committed the crime and no one else |
| RALPH UWAZURUIKE V. ATTORNEY-GENERAL OF THE FEDERATION | |
| RASHEED LASISI V. THE STATE | CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT OF AN ACCUSED PERSON:- When an accused person can be convicted solely on his confessional statement – Denial by an accused person of his confessional statement – Whether sufficient reason for it not to ground his conviction for the offence – Whether a confessional statement requires corroboration CRIMINAL LAW AND PROCEDURE – TRIAL WITHIN TRIAL:- Purpose of – Need for an accused person must admit making the confessional statement before he could raise the circumstances in which the confessional statement was made by him.” Per ONNOGHEN, J.S.C. (P. 29, Paras. A-B) |
| RAUFU ADESHINA V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Conviction on one count but sentence in error on another – Trial on the wrong count incomplete – Appellate Court substituting the wrong one for that which had not been completed – Propriety of |
| REV. KING V. THE STATE | CRIMINAL LAW AND PROCEDURE – ATTEMPT TO COMMIT A CRIME:- As an inchoate offence – Elements – Need for the physical acts of the accused to be sufficiently proximate to the complete offence with intent on the part of the accused to commit the complete offence – Whether needs to be something more than mere preparation to commit the offence CRIMINAL LAW AND PROCEDURE – MURDER: – Proof of and constituting element – Whether weapon used is part of the constituting element of the offence of murder – Defence of Alibi – Nature of |
| RICHARD IGAGO V. THE STATE | CRIMINAL LAW AND PROCEDURE – BURDEN OF PROOF: What prosecution must prove in a charge for murder – Effect of failure thereto |
| ROBERT ADENIYI JONES V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Summary trial by consent – Omission to have consent again after Magistrate amended the charge – Effect CRIMINAL PROCEDURE:- Nullity of Proceedings – Miscarriage of Justice – When deemed to arise |
| ROBINSON OJIKO V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE – Conversion – Applicable principles. CRIMINAL LAW AND PROCEDURE – Stealing – Section 390 Criminal Code – Land – Whether capable of being stolen. |
| SALAMI ADENIRAN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of provocation – Stabbing as retaliation for slap – Whether justified |
| SALAU ATANDA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Defence of provocation – When not established |
| SAMSON AIGBE AND ANOR V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Conspiracy to steal – Stealing – Uttering – Bad charge – Duplicity – Section 245 of the Criminal Procedure Code – Grounds for discrediting evidence. |
| SANI IDRISU KARMALIYA V. SOKOTO STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of |
| SARAKI V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:- Section 4(2) (b) of the Interpretation Act – References to the Criminal Procedure Act and/or Criminal Procedure Code in the Third (3rd) Schedule to the Code of Conduct and Bureau Tribunal Act and particularly rule 17 – Whether to be understood or construed to mean references to section 136 of the Administration of Criminal Justice Act, 2015 CRIMINAL LAW AND PROCEDURE: -Information filed against any person by a member of the department of the Attorney-General – Whether attracts a presumption that it was done in accordance with the instruction of the Attorney-General |
| SARKI YAMMA GWANDUM V. REGINA | CRIMINAL LAW AND PROCEDURE:- Murder – “Murderous blow” – Meaning of |
| SATURDAY NDIKE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Proof of crime – Contradictions in prosecution’s case-When they will entitle accused to an acquittal – When they will not CRIMINAL LAW AND PROCEDURE:- Proof of crime – Requirement of proof beyond reasonable doubt – Meaning and connotation of “proof beyond reasonable doubt.” CRIMINAL LAW AND PROCEDURE:- Proof of murder -Time of death – Whether material – What prosecution entitled to show. |
| SEGUN AKINLOLU V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Elements of – Need for prosecution to identify deceased as person killed by accused person- Whether conviction can take place on the evidence of only one eye witness- Whether common intention manifested in the execution of the common object is enough to render each of the members of the group, guilty of the offence charged- When medical evidence of death may be dispensed with CRIMINAL LAW PROCEDURE – MURDER:- Murder proceedings – Legal burden on prosecution – How discharged – Whether an accused person must be discharged and acquitted if the body of the deceased is not produced for medical examination |
| SELE EYOROKOROMO & ANOR V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Provocation – Parties to offences – Common purpose – Crowd deliberately attacking deceased twice in retaliation for a death caused by deceased’s servant – Convictions of murder re-affirmed. |
| SEMIU AFOLABI v. THE STATE | CRIMINAL LAW AND PROCEDURE- ARMED ROBBERY – CONSPIRACY:- Armed robbery – Offence of conspiracy to commit armed robbery – How proved – When the offence is established- armed robbery CRIMINAL LAW AND PROCEDURE:- Offence of conspiracy – Whether not defined under the Criminal or Penal Code – Whether a successful conviction for conspiracy is one of those offences predicated on circumstantial evidence which is evidence not of fact in issue’ but of other facts from which the fact in issue can be inferred CRIMINAL LAW AND PROCEDURE- PRESUMPTION OF STEALING:- A person found in possession of stolen property – Whether presumed to have stolen i |
| SERAH EKUNDAYO EZEKIEL v. ATTORNEY GENERAL OF THE FEDERATION | CRIMINAL LAW AND PROCEDURE – TRAFFICKING IN PERSONS AND NAPTIP:- Prosecution of persons under the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act – Sections 4, 9(2) and 60 – Powers of the Attorney General thereto – Whether all matters relating to the Agency are referred or directed to him for advice and directive and he also gives policy guidelines – Implications for bringing of charges under the Act |
| SHALLA V. THE STATE | |
| SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LIMITED V. CHIEF TIGBARA EDAMKUE & ORS | |
| SILAS IKPO & ANOR V. THE STATE | CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT:- Whether voluntary confession of guilt, whether judicial or extra-judicial, is enough to sustain a conviction – Relevant considerations CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT: Where confessional statement not read over or confirmed by a superior police officer – Whether ceases to be a true or voluntary confessional statement CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT: When retracted at trial – Whether a court can base a conviction on same |
| SIMON EDIBO V. STATE | CRIMINAL LAW AND PROCEDURE:- Fresh Defence – Whether it is proper for the Counsel to an accused person to raise fresh defence on appeal |
| SIMON EDIBO V. THE STATE | CRIMINAL LAW AND PROCEDURE – PLEA TAKING:- Arraignment and taking of the plea of an accused person – Nature as the very commencement of a criminal trial – Signification as a very fundamental aspect of any criminal proceedings – Need for the strict and mandatory compliance in matters relating thereto – Whether any criminal trial, no matter how well conducted, without the plea of the accused person first and properly taken is a nullity CRIMINAL LAW AND PROCEDURE – APPEAL:- Defences open to an accused person in criminal trials – Whether an accused person in a criminal trial is entitled to any defence which, on the totality of the evidence, is available to him whether or not he specifically raised it himself – Duty of court thereto |
| STEPHEN EMOGA VS.THE STATE | CRIMINAL LAW AND PROCEDURE:- Proof of crime – Inconsistency rule – Effect of |
| STEPHEN JOHN & ANOR. V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY: – Ingredients for grounding conviction CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT OF AN ACCUSED: – Section 27 of the Evidence Act – When an accused person can be convicted on the confessional statement made by him – Need for confessional evidence to be properly proved and admitted CRIMINAL LAW AND PROCEDURE – STANDARD OF PROOF FOR CRIMINAL CASES:- Need for the prosecution to prove its case beyond reasonable doubt – Proof beyond reasonable doubt – Meaning & scope – Whether require absolute proof of facts that may transcend the ordinary memory of a human being – Whether involves the remembrance of every minute detail of an incident, which any ordinary man may not commit to memory – Section 138 of the Evidence Act Cap 112, Laws of the Federation of Nigeria 1990 considered |
| SUNDAY ASUMOGHA V. THE STATE | CRIMINAL LAW AND PROCUDURE – PROOF OF MURDER:- Ingredients of the offence of murder – relevant considerations |
| SUNDAY MODUPE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder – Age of accused person – Implication on sentencing |
| SUNDAY NDIDI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Charge of conspiracy and armed robbery under Sections 1 (2) (a) and 4 (b) of the Robbery and Firearms (Special Provisions) Decree 1984 as Amended – Duty of prosecution to prove the elements of the crime CRIMINAL LAW AND PROCEDURE:- Armed robbery and identification of accused person – Importance of – Whenever the case of an accused person depends wholly or substantially on the correctness of the identification of the accused or defendant which defence alleges to be mistaken – Need for a trial judge to warn himself of the special regard for caution and to weigh such evidence with others adduced by the prosecution before convicting the accused in reliance on the correctness of the identification |
| SUNDAY NWODO V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Charge of stealing transistor radio – Where Accused bargaining to buy radio from complainant and receipt handed over as requested by accused but purchase price not yet paid – Demand for payment leading to argument between complainant and accused – Allegation that complainant had acknowledged payment – Enigma of endorsed receipt not cleared by prosecution – How treated |
| SUNDAY OFFOR & ANOR. V. THE STATE | CRIMINAL LAW AND PROCEDURE – NON REPRESENTATION BY COUNSEL:- Absence of Counsel engaged/assigned to represent appellants – When may be considered a non issue which did not affect case negatively – Proof that the appellants voluntarily decided to conduct their own case which they were entitled to do by law – Whether appellant cannot turn around and allege miscarriage of justice in the conduct of their case CRIMINAL LAW AND PROCEDURE – PLEA OF AN ACCUSED:- Purpose of plea in criminal trials – Duty of a person charged with an offence upon being arraigned before the Court – When an accused pleads guilty – Whether nature of issue joined is confession |
| SUNDAY OKOH V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY TRIBUNAL:- Trial of the appellant by the Armed Robbery Tribunal after it has been aborted by the Constitution of the Federal Republic of Nigeria (Certain Consequential Repeals etc.), Decree 1970 No. 47 – Validity of |
| SUNDAY UDOFIA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder -Provocation, Self defence — Confessional statement – When can ground conviction – Whether confession already admitted following a trial within a trial can be challenged on appeal |
| SUNDAY UDOSEN V. THE STATE | CRIMINAL LAW – MURDER:- Shooting of a woman entrepreneur – Ingredients that must be proved to secure conviction – Duty of prosecution to prove all the elements of murder against accused person – Effect of failure thereof CRIMINAL ALW AND PROCEDURE – EVIDENCE:- Proof of murder – When one witness called by the prosecution in a criminal case contradicts another prosecution witness on a material point – Duty of prosecution thereto – Whether prosecution without showing clearly that one is a hostile witness can discredit one and accredit the other – Duty of court not to jump into the arena to provide the explanation where prosecution fails to do so |
| SUNNY TONGO AND HELEN TONGO V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Wilful and unlawful destruction of property – Proof of – When prosecution is considered to have made out a prima facie case – Section 451 of the Criminal Code Cap. 48 Vol. 2, Laws of Bendel State of Nigeria, 1976 |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
