NIGERIAN CASES/JUDGMENTS on CRIMINAL LAW AND PROCEDURE (4)
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NIGERIAN CASES/JUDGMENTS on CRIMINAL LAW AND PROCEDURE (4)
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| TITLE | MAIN ISSUES |
| CHIKA NWOMEH V. STATE | CRIMINAL LAW – ARMED ROBBERY:- Elements – how proved CRIMINAL LAW AND PROCEDURE:- Defence set up by an accused person or likely to arise in the case – Whether burden of proving guilt includes leading evidence to disprove same – alibi set up by accused person – Duty of the prosecution to check on a statement of alibi by an accused person and disprove it or attempt to do so – When prosecution has adduced sufficient credible evidence to fix a person to the scene of crime at the material time – Whether his alibi is thereby logically and physically demolished and that would be enough to render such plea ineffective as a defence |
| CHUKWUDI UGWANYI V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:– What prosecution must prove beyond reasonable doubt to succeed in a charge of being in possession of Indian Hemp punishable under Section 10 H of the National Drug Law Enforcement Agency (Amendment Act) No.15 of 1992 |
| CHUKWUEMEKA N. AGWUNA V. THE ATTORNEY-GENERAL OF THE FEDERATION & ANOR | CRIMINAL LAW AND PROCEDURE:- Participles Criminis – Whether all persons who are participles criminis are guilty of the offence alleged. |
| CHUNGWOM KIM V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Culpable homicide punishable with death – Conviction and sentence therefor – Defences of self – Defence and provocation – When sustainable – When not sustainable – Defences of an accused – Scope of – Necessity to consider – Extra judicial statements of an accused person which are inconsistent with his evidence on oath-How treated –Recording of the Extra judicial statements of an accused person by the police – Formal requirements of -Applicable rules – Whether complied with. |
| CLEMENT OBRI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal Prosecution: Duty of prosecution to rebut allegation of an accused person |
| COMMISSIONER OF POLICE V. ADENEGAN | |
| DABOH AND ANOTHER V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Conspiracy – False pretences – Fraudulent purpose – 5.516 Criminal Code – 5.419 of the Criminal Code – Conspiracy, proof of. |
| DANGARI V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Culpable homicide punishable with death – Need for prosecution to prove its case beyond reasonable doubt – Defence of accident – Prosecution’s burden of proof – Duty of trial judge to resolve any doubt in favour of the accused – Penal Code S.48 – Effect |
| DANIEL MADJEMU V. THE STATE | CRIMINAL LAW & PROCEDURE – Insanity – Defence of – what the accused must prove CRIMINAL LAW & PROCEDURE – Proof of crime – whether motive is a necessity CRIMINAL LAW & PROCEDURE – Confessional Statement – Trial within trial – when necessary |
| DANJUMA DAN BUHARI RIMIN AUZINAWA V. KANO NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:- Accused – Right to call witnesses denied – Effect thereof. |
| DANKULU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE – Circumstantial evidence – Capability of same to ground conviction. CRIMINAL LAW AND PROCEDURE – Murder – Defence of provocation – When available to an accused. |
| DARE KADA V. THE STATE | CRIMINAL LAW AND PROCEDURE – CULPABLE HOMICIDE:- Proof of – Effect of provocation thereto – What the prosecution must prove on a charge of culpable homicide – Identification of the body of a deceased in a homicide case – Reasons for – Failure to call as a witness a person who identified a deceased to a medical officer who performed an autopsy -Effect of – When may a court convict for a lesser offence. |
| DASI V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Defence of insanity, self-defence and provocation – How considered |
| DAVID AGANMONYI V. ATTORNEY-GENERAL OF BENDEL STATE | CRIMINAL LAW AND PROCEDURE:– Murder – Defence of Provocation – Defence of Insanity – Self defence – Joinder of offences in one information – Murder and unlawful wounding – Criminal Procedure Law, Laws of Bendel State of Nigeria, 1976 Chapter 49, sections 156 157, 158, 310 – 325, 326, 339, 340(2) and 340(3) – Criminal Code, Laws of Bendel State 1976, chapter 48 Sections 27, 28, 284, 286 and 319(1) – Whether proper. |
| DAVID EGHAREVBA V. COMMISSIONER OF POLICE | CRIMINAL LAW- CONSPIRACY TO COMMIT ARMED ROBBERY – ARMED ROBBERY:- How proved – Defence of alibi – Duty of accused – Burden of prosecution to prove guilt beyond reasonable doubt – Whether failure of the police to investigate alibi is fatal to the prosecution’s case – Whether conviction of appellant can be affirmed when his co-accused had been discharged on the same charges in respect of the same facts |
| DAVID ONYEMELUKWE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Breaking and entry – Stealing – Summary trial – Plea of guilty – Conviction on plea – Criminal Code Cap 30, Vol. II, Laws of Eastern Nigeria, 1963 SS. 390 and 413(a) – How treated |
| DAVID UNUIGBOJE V. THE STATE | CRIMINAL LAW – Stealing of goods mentioned in a charge of receiving stolen property – need for prosecution to prove the stealing of the goods by the accused person – How proved. |
| DAWA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Proof of Murder – Confessional statement – Trial within trial – Whether irregular procedure adopted Conviction – Whether rightly founded on confession – Appropriate tests CRIMINAL LAW AND PROCEDURE:- Proof of crime – When a person is deemed to have abetted a crime |
| DELE FAGORIOLA V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:– Offence of conferring corrupt advantage upon oneself – Proof of CRIMINAL LAW AND PROCEDURE – NO CASE SUBMISSION: When a no case submission is made – When a no case submission may be upheld – When a prima facie case is deemed made by the prosecution – Guiding principles – Need for a trial court not to express any opinion on the evidence before it when a ‘no case submission’ is made – proper duty of court thereof – When a no case submission may be upheld |
| DENNIS EDE V. THE FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – Offence of obtaining by false pretences – ingredients CRIMINAL LAW AND PROCEDURE – Defence of alibi – How affected by visual and positive identification CRIMINAL LAW AND PROCEDURE:– Prosecution – proof required to justify conviction. |
| DESMOND AICHENABOR V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY – CONSPIRACY:- Essential elements of the offence of armed robbery – (i) that there must have been a robbery or series of robberies; (ii) that each robbery was an armed robbery; and (iii) that the accused was one of those who took part in the robbery or robberies while with arms – Proper approach to an indictment containing conspiracy charge and substantive charges – Whether it is to deal with the substantive charge first and then proceed to see how far the conspiracy charge has been made out in answer to the fate of the charge of conspiracy CRIMINAL LAW AND PROCEDURE – WEAKNESS IN THE EVIDENCE OF PROSECUTION:- Rule of law that where any weakness is discovered in the evidence adduced by the prosecution in the proof of its case, such evidence cannot be said to establish the guilt of the accused person beyond reasonable doubt – Whether accused person must be given the benefit of doubt whenever such weakness is discovered |
| DIALA AMAKO V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARRAIGNMENT: Guiding principles to valid plea or arraignment of an accused CRIMINAL LAW AND PROCEDURE – CHARGE: Effect of failure to request accused to plea to the altered/amended charge CRIMINAL LAW AND PROCEDURE – DEFENCE OF INSANITY: Nature of Defence of Insanity CRIMINAL LAW AND PROCEDURE – WITNESS: Whose duty is it to apply for a witness to be recalled? |
| DIBIE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Conspiracy to rob, contrary to section 4(b) the Robbery and Firearms (Special Provisions) Decree 1984 – How proved – Relevant considerations CRIMINAL LAW AND PROCEDURE:- Plea of accused person – Section 215 of the Criminal Procedure Law, Cap.49 Vol. 11 Laws of Bendel State of Nigeria 1976 – Section 36(6)(a) of the 1999 Constitution – Effect of non-compliance with mandatory provisions thereof – Whether renders trial a nullity CRIMINAL LAW AND PROCEEDINGS – ARRAIGNMENT:- Requirements of a valid arraignment of an accused person – Whether the requirements are inherent in the provision section 215 of the Criminal Procedure Act |
| DICKSON AIGHOBAHI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder conviction – Appeal – Attitude of Supreme Court to cold-blooded murderers of their mothers |
| DICKSON ARISA V. THE STATE | CRIMINAL LAW:- Murder – Proof of |
| DICKSON MOSES V. THE STATE | CRIMINAL LAW – DANGEROUS DRIVING: – Meaning – What the courts consider as evidence of dangerous driving – Carelessness on the part of a driver no matter how slight – Momentary inattention – Whether dangerous driving is judicially considered an offence of absolute prohibition into which no mens rea enters and that it is no answer to say, “I don’t mean to drive dangerously” – Other relevant considerations CRIMINAL LAW AND PROCEDURE:- Proof of causing death by dangerous driving under the provisions of sections 4 and 5 (1) of the Federal Highway [Act] – Ingredients of the offences – Ingredients of the offence which need to be satisfied by evidence – Need for the prosecution to succeed in a charge under sections 4 and 5 (1), to prove dangerous driving and the fact that the accident occurred on a Federal Highway – Whether evidence of skidding and skid-marks made by vehicle of accused person is admissible corroborative evidence – Rough sketch drawn by Police – Relevance |
| DIEPREYE SOLOMON PETER ALAMIEYESEIGHA V. THE CROWN PROSECUTION SERVICE | CRIMINAL LAW:- Corruption, Money Laundering and Abuse of Office – Whether municipal immunity based on the national Constitution is bar to the criminal prosecution of a Governor in foreign territory where only sovereign and diplomatic immunity is recognized – How treated |
| DIGBEHIN V. QUEEN | CRIMINAL LAW AND PROCEDURE – Criminal Code, S.8 – Application of – Applicable test. CRIMINAL LAW AND PROCEDURE – Criminal Code, S.8 – Application of – Common intention to prosecute unlawful purpose – Culpability. CRIMINAL LAW AND PROCEDURE – Joint trial of accused persons – Where only one gives evidence – Effect. |
| DIKE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof – Insanity – Duty of the trial court |
| DIRECTOR OF PUBLIC PROSECUTION | CRIMINAL LAW AND PROCEDURE:- Charge -Knowingly cultivating Indian Hemp – Burden of proof – How discharged – Indian Hemp Decree 1966 s.2(1). |
| DIRECTOR OF PUBLIC PROSECUTIONS V. NEWBURY | CRIMINAL LAW AND PROCEDURE:- Homicide – Manslaughter – Mens rea – Unlawful and dangerous act resulting in death – Test to be applied |
| DIRECTOR OF PUBLIC PROSECUTIONS V. STONEHOUSE | CRIMINAL LAW AND PROCEDURE:- Proof of Crime – Attempt – Obtaining property by deception – Life insurance in England – Appearance of death fabricated abroad – Moneys payable to wife of accused – Whether crime justiciable in England – Proper direction to jury -Theft Act 1968 (c. 60), s. 15 |
| DIRECTOR OF PUBLIC PROSECUTIONS V. WITHERS AND OTHERS | CRIMINAL LAW AND PROCEDURE:- Proof of Crime – Conspiracy – Public mischief – Agreement to make false representations to public officers and officials of banks and building societies to obtain confidential information – Whether offence known to law – Nature and ingredients of conspiracy to effect public mischief. |
| DIRECTOR OF PUBLIC PROSECUTIONS V. MCKEOWN | CRIMINAL LAW AND PROCEDURE:- Criminal evidence – admissibility of computer-generated material – malfunction of clock irrelevant |
| DIXON GOKPA V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Trial—Right to be represented by Counsel. |
| DOBA V. THE QUEEN | CRIMINAL LAW-Corruption:-Attempt to obtain gratification – How proved |
| DOMINGO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Count of stealing and theft – How proved – Need to prove the primary essentials – Effect of failure thereto CRIMINAL LAW AND PROCEDURE:- Count of stealing based on allegations of pilfering goods entrusted to one’s care over time – Need to properly specify the count so as to satisfy ingredients of the charge – Test(s) – Effect of failure thereto – section 152 (2) of the Criminal Procedure Act considered |
| DR OBO V. COMMISSIONER FOR EDUCATION BENDEL STATE | CRIMINAL LAW AND PROCEDURE – FRAUD:- Proof of in criminal proceedings – Spending of erroneously paid but unearned salary by employee on study leave without pay– Whether constitutes evidence thereof |
| DR. TAIWO OLORUNTOBA-OJU & ORS. V. PROFESSOR SHUAIB O. ABDUL-RAHEEM & ORS. | |
| DURU V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – CONSPIRACY TO OBTAIN MONEY BY FALSE PRETENCE – FORGERY AND UTTERING OF FALSE DOCUMENTS:- How proved via circumstantial evidence under the Advance Fee Fraud and Other Related Offences Act No. 13 of 1995, as amended by Act No. 62 of 1999 – Whether only the person who manually writes or signs a forged document may be convicted for forgery of the document – Whether all persons who are participles criminis are liable as principal offenders |
| EDET OFFIONG EKPE V. THE STATE | CRIMINAL LAW AND PROCEDURE – Proof of crime – Accused asserting that prosecution failed to prove its case beyond reasonable doubt – What he must show to succeed – Duty on court considering such complaint. CRIMINAL LAW AND PROCEDURE – Proof of crime – Standard of proof required – Duty on prosecution – Where it fails – Effect. |
| EDO V. C.O.P. | CRIMINAL LAW AND PROCEDURE:- Arrest – Powers of Police – Sections 10 & 34 Criminal Procedure Act and Section 20 Police Act. CRIMINAL LAW AND PROCEDURE:- Demanding property with menaces with intent to steal – Section 406 Criminal Code – Ingredients of. CRIMINAL LAW AND PROCEDURE:- Stealing – Section 406 Criminal Code – Effect |
| EDWIN EZEIGBO V. THE STATE | CRIMINAL LAW – RAPE:- Definition of – Ingredients of |
| EGBE NKANU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Defences of insanity and intoxication – How proved – Burden of proof – On whom rests – Whether there is presumption of sanity in every person charged under our Law – Whether sanity of accused person at time of crime commission is a question of fact to be determined by the jury and not by medical men however eminent – Effect of previous and contemporaneous acts of the party and absence of any evidence of motive for a crime |
| EGHAREVBA V. THE STATE | CRIMINAL LAW AND PROCEDURE – CONVICTION:- Extra judicial statements – Where relevant, voluntarily obtained and also true, positive and probable – Whether a Court can convict an accused person based on same |
| EJEKA V. THE STATE | CRIMINAL LAW AND PROCEDURE – COURT: – Murder and manslaughter – Meaning and distinction – When trial court can reduce charge of murder to manslaughter – Requirement for extenuating circumstances – Section 179(2) of the Criminal Procedure Law of Eastern Nigeria CRIMINAL LAW AND PROCEDURE – COURT: – Proof of Murder – Nature of Weapon used – Jack knife – Distinction from other knives – Implication for inference of intention to commit crime or premeditation |
| EKPENYONG V. THE STATE | CRIMINAL LAW:- Stealing – Appeals to Supreme Court – Defendant wrongly convicted on some counts but rightly on others – Powers to substitute (or impose) sentence on good counts, application and extent – |
| EKPEWIB V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Appeal – Death-row convict and capital offences – Non-compliance with technical rules of court – Whether should not be basis to strike out such applications |
| EKPO AND ANOTHER V. STATE | CRIMINAL LAW AND PROCEDURE:- Rape – Proof of – Evidence of prosecutrix of person raped – Proof of Consent – Where admitted by prosecutrix – Effect CRIMINAL LAW AND PROCEDURE – EVIDENCE:- Evidence of prosecutric in a rape case as to absence of consent – Where subsequently recanted by prosecutrix – Whether admissible – Effect |
| EKPO V. ASUQUO | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Accomplices – Accessories after the fact – Helping the culprit to escape punishment – Relevant considerations |
| EKPO V. THE FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:- Financial crimes – Uttering and being in possession of counterfeit notes – Evidence – counterfeit currency offence-presumption that currency notes are counterfeit-whether court can dispense with expert opinion in ascertaining genuineness of currency-Counterfeit Currency (Special Provisions) Act, 1974 s. 5 (2). |
| EKPO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Financial crimes – Uttering and being in possession of counterfeit notes – Evidence – counterfeit currency offence-presumption that currency notes are counterfeit – whether court can dispense with expert opinion in ascertaining genuineness of currency-Counterfeit Currency (Special Provisions) Act, 1974 s. 5 (2). |
| EKUMA V. C.O.P. | CRIMINAL LAW AND PROCEDURE:- Charge of stealing – Person receiving money for specified purpose and misappropriating it – Property correctly laid in giver – Section 385 Criminal Code. |
| ELECHI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Receiving stolen property – 5.427 Criminal Code – What amounts to. CRIMINAL LAW AND PROCEDURE:- Stealing – Ownership of property not stated – Effect thereof – S.154(1) Criminal Procedure Ordinance. |
| ELEIHE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – When based on circumstantial evidence – Nature of evidence required to secure conviction – Defence of alibi – Attitude and duty of Court thereto CRIMINAL LAW AND PROCEDURE:- Proceedings at trial – Evidence of defence when prosecution has closed its case – Attitude of the appellate Court |
| ELIAS AND OTHERS V. PASMORE AND OTHERS. | CRIMINAL LAW AND PROCEDURE:- Police – Arrest on premises of third parties – Right to search suspect – Right to seize documents found on suspect – Right to seize documents found on premises – Right to retain possession of documents – Trespass ab initio. |
| ELIAS NNADI AND 16 OTHERS V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Charges – Charge under wrong Section of Criminal Code – Effect CRIMINAL LAW AND PROCEDURE:- Evidence – Accomplice evidence – Whether one accomplice can corroborate another. CRIMINAL LAW AND PROCEDURE:- Sentence – Sentence in excess of section of Criminal Code charged – Duty of court. |
| ELUJI KINGSLEY EZE V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER CHARGE:- What the prosecution must prove to secure conviction on a charge of murder against an accused person – Need to prove three ingredients of the offence of murder beyond reasonable doubt before an accused can be convicted for the offence of murder CRIMINAL LAW AND PROCEDURE – MURDER CHARGE:- Duty on prosecution and court – need for the prosecution to be extremely careful in assemblage of evidence and in the prosecution of the case – Duty of trial judge to be circumspect in order not to allow an innocent person to be condemned to death as much as he should not allow the guilty to go scot free |
| EMEKA V. THE STATE | CRIMINAL LAW & PROCEDURE:– Confessional statement – Duty on court to conduct a trial within trial where a confessional statement was allegedly not made voluntarily. |
| EMELOGU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Armed Robbery – Robbery and Firearms (Special Provisions) Act 1970. |
| EMERYI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of crime – Defence – Insanity – When deemed proved – Relevant consideration |
| EMIATOR V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Informal identification parade – Appellant identified as person who killed deceased – Inconsistencies in evidence of prosecution witnesses, failure of trial judge to set them out specifically in judgment – Effect of. |
| EMMA AMANCHUKWU V. THE FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – RIGHT OF AN ACCUSED PERSON TO A LEGAL PRACTITIONER:- Whether an Accused Person can validly claim denial of fair hearing where having being informed of need for legal service he refused to engage one |
| EMMANUEL BEN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Cause of death – Medical evidence of – When can be dispensed with. |
| EMMANUEL EGWUMI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Multiple counts – Criminal conspiracy contrary to section 97 of the Penal Code – Culpable homicide contrary to section 221 of the Penal Code – Voluntarily causing grievous hurt contrary to section 245 of the Penal Code – How proved CRIMINAL LAW AND PROCEDURE – COMMON INTENTION:- Rule of law that where two or more persons form a common intention to kill another person and in furtherance of that intention one or more of them struck the victim with a matchet from which death results, each one of them is guilty of murder punishable with death and its does not matter who actually struck the deadly blow – Application |
| EMMANUEL EMEREHAOLE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Prima facie case – Prosecution Evidence not tending to establish negligence rather than fraud. |
| EMMANUEL IBEZIAKO V. COMMISSIONER OF POLICE | CONSTITUTION LAW – LEGISLATION:- Constitution of the Federation 1960, s.21 (4); Criminal Procedure Ordinance cap. 43, s. 162, s. 163, s. 304 (2), and s. 332; Northern Nigeria: Criminal Procedure Code 1960. s. 160 (1). CRIMINAL PROCEDURE:- Magistrate hearing some prosecution evidence and himself framing charge -Constitutional presumption of innocence-Whether procedure objectionable (Northern Nigeria). |
| EMMANUEL IWIEKWE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Provocation – Wife calling husband “dog” – Whether sufficient provocation. |
| EMMANUEL NWAEBONYI V. THE STATE | CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT:- Whether the Court of Appeal was right in holding that the case against the appellant was proved beyond reasonable doubt as required by law” CRIMINAL LAW AND PROCEDURE:- Confession: Wieght to be attached to confessionals statement |
| EMMANUEL O. UBANI V. THE STATE | CRIMINAL LAW AND PROCEDURE-Defences -Accused charged with murder – Defence thereof- Where rests on circumstances of the killing – Where court finds that the circumstances do not exist – Effect on accused’s case. CRIMINAL LAW AND PROCEDURE – Defences – Defences of accident, provocation and self-defence – When will not avail accused. |
| EMMANUEL OCHIBA V. THE STATE | CRIMINAL LAW AND PROCEDURE – EVIDENCE OF IDENTIFICATION:- Whether recognition, visual spontaneous evidence of identification in most instances is more reliable than an identification parade, and is acceptable in a murder trial, if believed by court – Eye witness evidence – What court must consider in order to ascribe any values to the evidence of an eye-witness identification of a criminal – Purpose of identification – When considered not necessary |
| EMMANUEL OGAR AKONG EDOKO V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Elements – what prosecution must prove to be successful CRIMINAL LAW AND PROCEDURE – DEFENCES OF ACCUSED PERSON: Duty of to consider the defences an accused person is entitled to no matter how stupid they sound – CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE: Nature of the defence of self-defence – when available to an accused person – section 286 of the Criminal Code- Need for there to be an unlawful assault which unlawful assault was not provoked by the accused – Whether the defence of self-defence will avail an accused person where he had no reasonable ground for believing that his life was in imminent danger |
| EMMANUEL UGWUMBA V. THE STATE | CRIMINAL LAW AND PROCEDURE – Proof beyond reasonable doubt – Issue of – What it entails. CRIMINAL LAW AND PROCEDURE – Proof of crime – Identity of accused Identification parade – When unnecessary. CRIMINAL LAW AND PROCEDURE –Proof of crime -Person seen running away from scene of crime – Whether necessarily the culprit. |
| ENDURANCE MATTHEW V. THE STATE | CRIMINAL LAW AND PROCEDURE – PROOF OF MURDER: Proof of – What prosecution must prove to ground a conviction for murder – The death of the deceased; the act or omission of the accused which caused the death; and that the act or omission of the accused which caused the death was intentional with knowledge that death or grievous bodily harm was its probable consequence – Onus and standard of proof CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT:- Rule that the appropriate time to challenge the voluntary nature of a statement is when the prosecution seeks to tender the statement in evidence – Whether the same principle applies in oral and written confessional statements – Where oral confession is not challenged – Duty of trial court thereto |
| ENDURANCE ALOBA V. THE FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:– Accused charged with knowingly being in unlawful possession of cocaine under the NDLEA Act – onus on accused person to adduce evidence to show that he had lawful authority to possess the substance. |
| ENESI LUKMAN ABDULLAHI V. THE STATE | CRIMINAL LAW AND PROCEDURE – Witness Testimony: The court to be wary of convicting based on the recognition/identification of the accused |
| ENEWOH V. STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Proof of – Burden on prosecution – When necessary to established beyond doubt that there was an autopsy on the body of the deceased – Whether burden via circumstantial evidence showing unmistakably that the body on whom a doctor performed a post mortem examination was that of the deceased CRIMINAL LAW AND PROCEDURE – MURDER – EVIDENCE:- Evidence of identification of body of deceased person to doctor who performed autopsy – Importance – Whether distinction is recognised between a situation where the witness who identified the body to the doctor who performed the autopsy was not called and a situation where the witness who identified the body during the autopsy died before the trial – When the court would be duty bound to look for pieces of evidence which will show conclusively that the doctor performed the autopsy on the body of the person allegedly murdered – Effect where absent |
| ENITAN V. THE STATE | CRIMINAL PROCEDURE:- Joint trial of accused persons – Consideration of defence – Duty of Court. CRIMINAL PROCEDURE:- Statements made to the Police – Effect against co-accused. |
| ENYI V. QUEEN | CRIMINAL LAW AND PROCEDURE :- Murder – Common intention – Section 8, Criminal Code – Principles applicable. |
| ENYIMU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Evidence of an accomplice – Corroboration of – What amounts to. |
| EREKANURE V. STATE | CRIMINAL LAW AND PROCEDURE:- Arraignment-Failure of trial court to read and explain charge to accused person before taking his plea – Effect on subsequent proceedings -Section 215 Criminal Procedure Law and Section 33(6) 1979 Constitution. CRIMINAL LAW AND PROCEDURE – Arraignment – Need to ensure accused understands charge against him – Where court official unable to interpret charge in language understood by accused – What court should do. |
| EREMENE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – How proved – Defence of Intoxication – Section 29(4), Criminal Code – Ingredient required to sustain defence |
| ERIC NJIOKWUEMENI V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Defence of alibi – Duty on prosecution to investigate. |
| ERIC UYO V. ATTORNEY GENERAL, BENDEL STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – S.319(1) Criminal Code, Cap. 48, Vol II, Laws of Bendel State Practice and Procedure-Concurrent Findings of Fact – Whether Supreme Court would interfere. |
| ERIYAMREMU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – How proved – Plea of Insanity -Defence under S.28 Criminal Code – What to consider |
| ERNEST IWATOMO V. REGINA | CRIMINAL LAW AND PROCEDURE:- Murder – Section 316(2) Criminal Code – Intention to cause grievous bodily harm – Inference from nature of act. |
| EROMA V. QUEEN | CRIMINAL LAW AND PROCEDURE: – Murder – Proof thereof – Duty of prosecution – Strong suspicion of committing a crime – Whether sufficient to ground conviction CRIMINAL LAW AND PROCEDURE -Witness for the prosecution – Conflicting statements of – Attitude of court |
| ESAI AND OTHERS V. THE STATE | CRIMINAL LAW:- Murder – Abduction – Circumstantial evidence leading to inference -Reasonableness of evidence to support conviction. |
| ESAN V. THE STATE | CRIMINAL LAW:- Extortion – Medical Doctor at General Hospital receiving money from patient – Money stated to be for purchase of drugs – How treated |
| ESOH V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE – Extension of time within which to appeal – Awaiting record of proceedings – General ground filed in the interim – Filing of additional grounds later – Whether proper |
| ESSIEN V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder by gunshot – Duty of prosecution to prove same – Reliance on circumstantial evidence – When deemed insupportable – Failure of prosecution to connect accused person to scene of murder, murder weapon or to murder by circumstantial evidence – reliance on contradictory testimony of 7 year old girl-child who did not even know what a gun was – How treated by court |
| ETUK UDO V. THE STATE | CRIMINAL LAW:- Murder – Confessional statement – Visit to spot where victim was buried – Whether locus in quo. |
| ETUK V. THE QUEEN | |
| EVERISTUS OGBHEMHE V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE – Bail – Discretion to grant bail – section 118(3) of Criminal Procedure Law – guiding principles. |
| EWHAREKUKO V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE – Receiving stolen property – Recent possession – Application of. |
| EWHARIEME AND OTHERS V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Armed Robbery – Evidence establishing accused’s participation in robbery – Practice at hearing – Concurrent findings of lower courts – Principles on which reviewed – Accused failing to show miscarriage of justice or violation of some law or procedure – Grounds of appeal – Impropriety of raising issues not raised in lower court – Accused in capital case specially granted leave in interests of justice to argue grounds of mired law and fact not raised in Court of Appeal. |
| EYOROKOROMO AND ANOTHER V. STATE | CRIMINAL LAW:– Murder – Proof of – Failure to take accused’ plea – Effect |
| EZE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Accomplice – Need for corroboration. |
| EZE V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:- Burden of Proof – Proof beyond reasonable doubt. |
| EZE V. THE STATE | CRIMINAL LAW:– Murder – Proof of – Death following a kidnapping – Whether a logical inference follows that a kidnapper is liable for the death of his victim CRIMINAL LAW AND PROCEDURE:- Criminal proceedings – Defence of alibi – On whom rests the evidential burden of proof – Duty of prosecution thereto CRIMINAL LAW AND PROCEDURE:- Proof of crime – Evidence of a minor – Whether court can convict on same without corroboration |
| EZEA V. QUEEN | CRIMINAL LAW AND PROCEDURE – Murder trial – Court’s duty to assign counsel – Propriety of |
| EZECHI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Evidence -Accomplice and victim distinguished |
| EZEDIUFU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Arraignment – Section 215 of the Criminal Procedure Act – Whether provides that charge be read to accused in his native language or other language he understands CRIMINAL LAW AND PROCEDURE:- Arraignment – Valid and proper arraignment – Requirements of – Section 215 of the Criminal Procedure Act. CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Circumstantial evidence – Nature of circumstantial evidence that will lead to conviction |
| EZEIGWE V. AWAWA AWUDU | CRIMINAL LAW AND PROCEDURE:- Fraud – Proof of – Standard of proof required |
| EZEKIEL ADEKUNLE V. THE STATE | PRACTICE AND PROCEDURE – EVIDENCE:- Expert evidence – Medical evidence |
| EZUMA V. THE QUEEN | CRIMINAL LAW: Murder – Defence of provocation – Whether matter of fact for trial Judge – When appellate court will not interfere with a finding of facts by trial court |
| FADINA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Judgment – Duty to record – Appropriate time to. CRIMINAL LAW AND PROCEDURE:- Judgment – Section 245 Criminal Procedure Ordinance – Duty of Judge. CRIMINAL LAW AND PROCEDURE:-Judgment written after conviction and sentence – Section 245 Criminal Procedure Ordinance – Effect. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
