CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (5)
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CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (5)
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| TITLE | MAIN ISSUES |
| FAGAN V. COMMISSIONER OF METROPOLITAN POLICE | CRIMINAL LAW:- Assault – Police – Car driven on to policeman’s foot – Doubt whether intentional or accidental – Deliberate delay in removing car – Mens rea – Actus reus – Whether subsequent inception of mens rea capable of converting original unintentional act into an assault. |
| FAGGE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Breach of Trust – Public servant – Money paid into account of Chief Registrar – Unchallenged evidence – How treated |
| FAGOROYE V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Accomplice – Person carrying out wrongful act on orders of accused – Whether accomplice CRIMINAL LAW AND PROCEDURE – Witness giving evidence without taking oath – Effect. |
| FAROUNBI KAREEM V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:– Confessional statement – Retraction of same by accused – Effect of – Whether accused person would be allowed to retract same under re-examination. CRIMINAL LAW AND PROCEDURE:– Confessional statement – When sufficient to sustain a conviction CRIMINAL LAW AND PROCEDURE:– Conviction – conviction of accused for offence other than that charged – Power of court thereof – Whether constitutes a breach of the constitutional provision of fair hearing |
| FATAI BUSARI V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY – CONFESSIONAL STATEMENT: Elements for proving a case of armed robbery – The nature of confessional statement which can sustain a conviction for armed robbery CRIMINAL LAW AND PROCEDURE – CONSPIRACY:- The definition of the offence of conspiracy and how to prove or infer it successfully |
| FATAI OLAYINKA V. THE STATE | CRIMINAL LAW:- Armed robbery – Whether failure to tender the offensive weapon can result in the acquittal of the accused person – Defence of alibi – Duty of prosecution CRIMINAL PROCEDURE:- Obligation of prosecution to call a witnesses – How treated |
| FATOYINBO V. A.G. | CRIMINAL LAW AND PROCEDURE – Defence of alibi – Rejection of by court – Whether guilt of accused established thereby. CRIMINAL LAW AND PROCEDURE – Defence of alibi timeously raised – Failure of prosecution to investigate – Effect. CRIMINAL LAW AND PROCEDURE – Doubt raised as to guilt of accused – How resolved. |
| FAWEHINMI V. AKILU (CA) | CRIMINAL LAW AND PROCEDURE:- Private prosecution – Limitation to rights thereof in Lagos State – Criminal Procedure (Amendment) Edict No. 7 of 1987 of Lagos State. |
| FAWEHINMI V. AKILU AND ANOTHER.(1) | CRIMINAL LAW AND PROCEDURE:- Criminal prosecution – Right of private persons – Sections 342- 340 and 341, Criminal Procedure Law, Cap. 32, Laws of Lagos State |
| FAYEMI V. ATTORNEY-GENERAL | |
| FEDERAL REPUBLIC OF NIGERIA V. DAIRO & ORS | CRIMINAL LAW AND PROCEDURE – TRIAL WITHIN TRIAL:- The essence and purpose of trial within trial |
| FEDERAL REPUBLIC OF NIGERIA V. BABALOLA BORISADE | CRIMINAL LAW:- Offences under the penal code and the Independent Corrupt Practices and Other Related Offences Act, 2000 – How treated |
| FEDERAL REPUBLIC OF NIGERIA V. JOE BROWN AKUBUEZE | |
| FEDERAL REPUBLIC OF NIGERIA V. IFEGWU | CRIMINAL LAW AND PROCEDURE:- Decree No. 25 of 1991 Decree No. 18 of 1994- Non retractiveness of the two Decrees. |
| FEDERAL REPUBLIC OF NIGERIA V. JAMES ONANEFE IBORI & ORS | CRIMINAL LAW AND PROCEDURE – CRIMINAL TRIALS: Enabling provisions for criminal trials in the Federal High Court CRIMINAL LAW AND PROCEDURE – NO CASE SUBMISSION: Duty of Court where a plea of no case to answer is raised on behalf of an accused person CRIMINAL LAW AND PROCEDURE – QUASHING INDICTMENT OR CHARGE: Whether an indictment or charge may be quashed merely on the ground that it is doubtful that the prosecution could secure a conviction against the accused person |
| FEDERAL REPUBLIC OF NIGERIA V. MAGAJI IBRAHIM & ANOR | CRIMINAL LAW AND PROCEDURE – CORRUPTION AND CRIMINAL BREACH OF TRUST:- Duty of prosecution to prove ingredients of the crime – Relevant considerations – Effect of failure thereto CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY:- Whether inference can be made for the offence of conspiracy – How made – Need to consider the evidence before the court CRIMINAL LAW AND PROCEDURE – OFFENCE OF FORGERY:- Charge of making false documents and using as genuine forged documents under Section 366 of the Penal Code – Three requirements the prosecution must prove – That the Accused made, signed, sealed or executed the document in question or any part of it; or that it was made by someone else – That it was made under the direction or with the knowledge of the Accused person – That the Accused made it with some specific intent or dishonestly or fraudulently – Three requirements to be proved for the offence of using as genuine forged documents, under Section 366 of the Penal Code – That the Accused used a document claiming it to be a genuine one – That the Accused knew or had reason to believe that the document was forged – That Accused did so fraudulently or dishonestly – Effect of failure to prove any of the elements. |
| FEDERAL REPUBLIC OF NIGERIA V. T. A. DAIRO & ORS | CRIMINAL LAW AND PROCEDURE:- Multiple offences under the Penal Code and the Independent Corrupt Practices and Other Related Offences Act, 2000 – Evidence – Extra judicial statement – Objection thereto – Trial Within Trial – Essence and purpose of trial within trial – Relevant considerations |
| FEDERAL REPUBLIC OF NIGERIA V. VIJAY LALWANI | CRIMINAL LAW AND PROCEDURE:- Rule in Smith and Selwyn – Whether there is any statutory provision or principle of law that forbids a trial Court from hearing a criminal charge brought against an accused person on the ground of there being a pending civil litigation against the accused person for the same transaction – Whether a criminal trial is a statutory bar to civil prosecution over a civil liability, where the criminal conduct also gave rise to civil remedy to a person who is a victim of the criminal conduct, entitled to recover damages.- Effect of statutory provisions relating to tort and Evidence Act |
| FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS V. DR. (MRS) ADAEZE G.N.C. OKOLI | CRIMINAL LAW – ABUSE OF OFFICE:- SULE v. ORISAJINMI (2006) ALL FWLR (343) 1686 at 1730 – Supreme Court definition of abuse of office – “Abuse of office is use of power to achieve ends other than those for which power was granted, for example gain, to show undue favour to another or to wreak (sic) vengeance on an opponent – Burden of proof plaintiff has to satisfy |
| FELICIA AKINBISADE V. STATE | CRIMINAL LAW AND PROCEDURE – FRAUD AND UTTERING: – How defined – Where accused established an account for an alleged unlawful purpose of lodging uttered bank cheques – Whether the fact that the accused made repeated fraudulent transactions in dealing with the said fraudulent account in the said bank, automatically mean that she uttered cheques found on her – How to prove or show that an accused person uttered bank cheque or used it to open the fraudulent account – Opinion of a handwriting expert or by a court on a reasonable comparison of other handwriting of the appellant before the court – Relevance thereof |
| FERDINAND ABADOM V. THE STATE | CRIMINAL LAW AND PROCEDURE: Burden of Proof;- Cross examination; |
| FESTUS AMAYO V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Defences – Automatism and defence of accident contained in section 24 of the Criminal Code – Meaning of – Distinction between same CRIMINAL LAW AND PROCEDURE:– Homicide cases – Cause of death – Whether medical evidence can be dispensed with where the cause of death is obvious CRIMINAL LAW AND PROCEDURE:– Homicide cases – Prosecution seeking to rely on medical evidence to prove cause of death – Need for prosecution to prove the identity of a corpse presented for autopsy. |
| FIDELIS UBANATU V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:– Public mischief – Whether an offence under criminal law. CRIMINAL LAW AND PROCEDURE:– Submission of no case to answer – Failure to adduce evidence of mens rea by the prosecution – Effect of. |
| FOLUSO OLADELE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Bail – Person charged with murder applying for bail – Whether usual to grant same CRIMINAL LAW AND PROCEDURE:- Defences – Defence of insanity – Burden of proof – On whom onus lies – How discharged CRIMINAL LA WAND PROCEDURE:- Defences-Defence of insanity – Evidence of relations of accused on accused’s state of mind – Whether relevant CRIMINAL LAW AND PROCEDURE:- Defences – Defence of insanity – Evidence thereof prone to conflicting interpretations – Which interpretation is to be preferred. |
| FOROM V. THE QUEEN | CRIMINAL LAW:- Murder- Elements thereof – Cause of death must be attributable to accused. CRIMINAL LAW:- Murder –Ingredients for setting up the defence of Intoxication – Section 29(4) of the Criminal Code-Ingredients CRIMINAL LAW:- Murder – Provocation – Section 318 of the Criminal Code – Ingredients. |
| FRANCIS TETE LAWSON and ORS V. THE STATE | CRIMINAL LAW:- Offences of being in possession of Indian Hemp – Attempt to unlawfully export such – Conspiracy to commit such offence – Both accused discharged on count of conspiracy but found guilty of substantive offences – Question of consistency – S.64(c) of Criminal Procedure Act. Cap. 43 – Jurisdiction of court to try related offence |
| FRANCIS EZEDIUFU V THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Circumstantial evidence – Nature of circumstantial evidence that will lead to conviction |
| FRIDAY MICHAEL V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Prosecution for Armed robbery – pPocedure to follow when case is closed. |
| FRUBIDE V. THE STATE | CRIMINAL LAW:- Murder – Appeal – Whether Supreme Court has power to extend time within which to appeal under S.31 of the Supreme Court Act – Supreme Court Act S.31(4). |
| FULANI AND ANOR V. BORNU | |
| G. B. ADEYEMI V. COMMISSIONER OF POLICE | CRIMINAL LAW:- Stealing – Obtaining by False Pretences – Variance ‘between’ the charge as laid and the evidence – When deemed sufficient to quash the conviction – Whether representation of intention to act “in future” not a False Pretence-—Misdirection arising from failure to consider adequately case for defence |
| GABRIEL ADEGBESAN V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal Appeals – To Supreme Court – Notice of Appeal – Competence – Notice in capital case filed out of time but signed and handed to prison authorities by incarcerated defendant within time – Appeal properly filed by virtue 0.9 r.3(1) of Supreme Court Rules 1985 having regard to defendant’s exhibited intention to appeal. CRIMINAL LAW AND PROCEDURE:- Insanity – Defendant matcheting deceased and others to death at random in belief that his wife rendered him impotent – Absence of any evidence of insanity – Conviction of murder re- affirmed. |
| GABRIEL ERIM V. THE STATE | CRIMINAL LAW AND PROCEDURE – Conspiracy – Discharge and acquittal of accused on substantive offence – Whether conviction on conspiracy can stand. CRIMINAL LAW AND PROCEDURE – Conspiracy – How a person mar become party thereto. CRIMINAL LAW AND PROCEDURE – Conspiracy – How proved – Whether can he inferred. CRIMINAL LAW AND PROCEDURE – Conspiracy – When charged jointly with main offence – Failure of one charge – Whether must lead to collapse of the other. |
| GABRIEL OLUWOLE LAJA 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 |
| GABRIEL SHOFOLAHAN JOSHUA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Evidence of witness contrary to his deposition — Statement of witness to police – When not produced – Evidence of contents – How treated |
| GABRIEL V. THE STATE | CRIMINAL LAW:- Murder – Defence of accident – Guiding principles |
| GAFARI AJIDAGBA AND 4 OTHERS V. I.G.P. | CRIMINAL LAW AND PROCEDURE:- Meaning of Prima facie case – Section 286 of the Criminal Procedure Ordinance |
| GAFARI YISAU V. THE STATE (2) | CRIMINAL LAW AND PROCEDURE:- What prosecution must prove to sustain conviction of murder, Nature of circumstantial evidence required to ground conviction |
| GAIUS EGEMASI & ORS V. AGIM DURU ONYEKWERE & ANOR | |
| GAJI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Northern Nigeria – Culpable homicide – Refusal of accused to call witness for defence or testify – Production of written statements made to police by witnesses or prospective witnesses – No preliminary investigation – Test of a fair trial – S.122 Criminal Procedure Code – Proper foundation. |
| GAMAJIGO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Where key prosecution witness is open to impeachment – Whether accused can be convicted based on his own confession – Duty of prosecution. |
| GANIYU ADISA MOTAYO V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Corruption and extortion – Section 404 (1) (a) of the Criminal Code – Unlawful demand and receipt of money under colour of employment – How treated |
| GANIYU OSUOLAIDE V. THE STATE | CRIMINAL LAW AND PROCEDURE ‑ Capital offences ‑ Duty on court to assign counsel to accused. CRIMINAL LAW AND PROCEDURE ‑ Charges ‑ Amendment of charges ‑ Right of accused to recall witnesses ‑ Section 165 of the Criminal Procedure Law ‑ Effect of non‑compliance. CRIMINAL LAW AND PROCEDURE ‑ “Miscarriage of Justice” ‑ When does it occur in criminal cases. CRIMINAL LA WAND PROCEDURE ‑ Witnesses ‑ Recalling of Witnesses ‑ Where charge is amended and accused represented by counsel ‑ Whether court obliged to remind accused of right to recall witnesses. |
| GANO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Culpable homicide punishable with death – Where proved – Sentencing – Failure of trial judge to declare the mode in which the death sentence will be carried – Effect – Whether a clerical error that can be corrected by the trial or appellate court – 5.273 of the Criminal Procedure Code – CRIMINAL LAW AND PROCEDURE: Section 26 of the Supreme Court Act – Clerical error by trial court in judgment – Effect – Justice administration – Obligation of judge after passing sentence of death on a convict, to issue a warrant in the prescribed form to the Superintendent of Prisons who has had no advantage of reading the judgment no execute the sentence in the manner laid down in the form – Whether cures failure of trial judge to pronounce death sentence in the prescribe form |
| GARBA V. HADEJIA NATIVE AUTHORITY | CRIMINAL LAW: Murder – Liability for joint prosecution of unlawful purpose with Murder as a probable consequence CRIMINAL LAW: Parties to offences – Principal offenders – CRIMINAL LAW: Common intention to prosecute unlawful purpose jointly – Offence committed in joint prosecution of unlawful purpose- Commission of offence a probable consequence of the prosecution of such purpose – Criminal Code, Cap. 42 of the Laws of the Federation of Nigeria and Lagos, 1958, s.8 -Application of. |
| GBADAMOSI V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Armed robbery – Proof of – Ingredients of the offence under section 402 (2) (a) of the Criminal Code Law of Lagos State CRIMINAL LAW AND PROCEDURE:- Confession – Legal foundation for the procedure of a trial within trial – History and purpose of – Challenges of |
| GBADAMOSI AND ANOTHER V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Doctrine of recent possession – How construed – Whether can justify an inference of murder – Statement wrongly admitted as a confession – Whether can be basis for conviction – Trial within trial – Court calling on accused fast to give evidence thereon – Propriety of- Whether the irregularity vitiates the whole trial – Conspiracy – Ingredients of. |
| GBEHE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Accused’s defence was an outright denial – Provocation raised on appeal – Not even in issue. |
| GENERALE BANK NEDERLAND NV V. EXPORT CREDITS GUARANTEE DEPARTMENT | |
| GEOFFREY EMONE V. INSPECTOR GENERAL OF POLICE | CRIMINAL PROCEDURE:- Ordinance – Section 380 on-consecutive terms-Magistrates of the second grade-Restriction of one Year on aggregate in one case. |
| GEORGE OSHIN V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Stealing – False pretences – Distinction between the two – Physical Possession – Conversion – Whether court can convict of false pretences under a charge of stealing |
| GEORGE V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Forgery contrary to section 467 of the Criminal Code – How proved CRIMINAL LAW AND PROCEDURE – APPEALS:- Right of prosecutor to appeal against acquittal – Limitations of S.59 High Court Law of Eastern Nigeria. |
| GIRA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Confession – Meaning of – Admissibility of to ground conviction. CRIMINAL LAW AND PROCEDURE:- Murder-Ingredients of. CRIMINAL LAW AND PROCEDURE-Murder-Intention to commit murder-When will be drawn – Relevant consideration. |
| GIREMABE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Evidence of how death caused – Whether established. |
| GIWA V. THE STATE | CRIMINAL LAW:- Stealing and Falsification of Accounts – Proof of Intention. |
| GODWIN CHUKWUMA V. THE FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW – DRUG TRAFFICKING:- Possession of large kilogrammes of CANABI SATIVA, otherwise known as INDIAN HEMP without lawful authority – An offence contrary to and punishable under section 10H of the NDLEA (Amendment) Decree No. 15 of 1992. – Admission of evidence tendered by prosecution after case had been reserved for judgment – Accused recorded as not objecting – Legal effect thereof CRIMINAL LAW AND PROCEDURE – CRIMINAL CHARGE: – To sustain conviction on a criminal charge – Duty of the prosecution to prove its case beyond reasonable doubt as provided by Section 138 of the Evidence Act, Cap. 112 Laws of the Federation of Nigeria – Whether extends to proof beyond all shadows of doubt |
| GODWIN IGABELE V. THE STATE | Criminal LAW and Procedure:- Murder – Conviction of – Whether circumstantial evidence can justify same. Criminal Law and Procedure – Criminal trial – Evidence to be relied upon in same. Criminal Law and Procedure – Murder – Prosecution in a case of murder – Duty of. |
| GODWIN JOSIAH V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Non-compliance with requirements that unrepresented defendant in capital case be assigned counsel, and that he be informed of his options where called upon for his defence – Effect of – Rule 5, Robbery and Firearms Tribunal (Procedure) Rules 1975. |
| GOLDEN DIBIE & ORS. V. THE STATE | |
| GOLDEN EMEKA SIWOBI V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE: Corroboration |
| GOODLUCK OVIEFUS V. THE STATE | CRIMINAL LAW AND PROCEDURE – INSANE DELUSION: Whether dream is within the category of insane delusion. CRIMINAL LAW AND PROCEDURE – DEFENCE OF INSANITY: Nature of defence of insanity, and when it will become a defence. CRIMINAL LAW AND PROCEDURE – INSANITY: Nature of the question of insanity at the time of the commission of the offence when raised and what determines such |
| GOVERNOR TEGHWETE EJARUNE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Theft and Conversion of money – Stealing by clerk/produce buyer – Money drawn outside authorised credit –using misrepresentation Criminal Code, section 385, proviso – How treated |
| GRACE AKINFE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder |
| GREGORY OKONKWO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Accomplice Meaning of – Admissibility of – Conditions for inadmissibility of confessional statement |
| GUOBADIA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Charge of Murder under Section 319 of the Criminal Code, Cap. 48 Vol. 11, Laws of Bendel State of Nigeria, 1976 – Duty of prosecution – Defence of insanity – How treated CRIMINAL LAW AND PROCEDURE:- Defence of insanity- Burden and standard of proof – What trial Court must consider – Weight attached to evidence of the accused person himself – Weight attached to general and medical evidence of abnormal behaviour or mental disorder – Whether absence of motive for murder is a relevant consideration CRIMINAL LAW AND PROCEDURE:- Age of accused person – Where material for purpose of conviction or sentencing – Duty of trial thereto – Effect of failure to determine same – Whether raises a doubt which must be resolved in favour of accused person |
| GWANDU V. GWANDU N. A. | CRIMINAL LAW AND PROCEDURE:- Culpable homicide punishable with death – Identity of murder weapon in issue – Admission of murder weapon by counsel of accused – Whether admissible evidence CRIMINAL LAW AND PROCEDURE:- Culpable homicide punishable with death – Nature of weapon used – Identification of not properly established – Effect |
| GWAWOH V. C.O.P | CRIMINAL LAW AND PROCEDURE:- Stealing of money – Trial court conviction – Appeal on ground of allegation of trumped up charge against accused because of malice – When would lead to Judgment of trial court be quashed |
| GYANG V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Goat thieves who killed owner because he tried to apprehend one of them – How proved – Evidence Ordinance, section 177 (2)-Evidence of accused incriminating co-accused – Whether requires corroboration – How treated – One counsel for both accused persons – Effect |
| HABIBU USMAN V. THE STATE | CRIMINAL LAW AND PROCEDURE – CULPABLE HOMICIDE:- Proof of – Vital components of the offence – 1. That the deceased had died. 2. That the death of the deceased had resulted from the act of the accused person. 3. That the act or omission of accused which caused the death of the deceased was intentional with the knowledge that death or grievous bodily harm was its probable consequence – Duty of prosecution to prove all elements CRIMINAL LAW AND PROCEDURE – EVIDENCE – PROOF BEYOND REASONABLE DOUBT:- Meaning of – Section 138(1) of the Evidence Act – Whether proof beyond reasonable doubt is not proof beyond all iota of doubt |
| HAKIDO KPEMA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Appeals – To Court of Appeal – Competence – Appeal against conviction filed out of time – Extension – Court of Appeals powers of enlargement of time under S.25(4) of Court of Appeal Act 1976 increased with effect from 1517182 to include capital cases Judgment – Time for delivery of – Constitutionally prescribed limit of 3 months after conclusion of evidence and addresses – judgment convicting accused of culpable homicide punishable with death delivered 3 weeks out of time-conviction and sentence set aside for nullity and retrial ordered . |
| HALILU LILO DAN GAMBO JAMA’ARE ACIKA V. KANO NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:- Murder – Confession under Maliki Law – Effect. CRIMINAL LAW AND PROCEDURE – Murder – Provocation – Not known to Maliki Law. |
| HALILU V. C.O.P. | CRIMINAL LAW AND PROCEDURE:- Code Ss. 156 and 157-Conditions upon which court may convict without hearing evidence or framing a charge-Restriction on sentences imposed on conviction—Criminal Procedure (Punishment on Summary Conviction) Order. 1966. (NNLN 62166). CRIMINAL LAW AND PROCEDURE:- Unlawful possession of stolen property and unlawful possession of dangerous drugs – Conviction for – Where based on defective charges and accused not afforded opportunity to defend himself properly – Appeal arising therefrom – How treated |
| HARRIS V. DIRECTOR OF PUBLIC PROSECUTIONS | CRIMINAL LAW AND PROCEDURE:- Larcenies – Proof of – Evidence – Joinder of charges – Similar facts evidence – Admissibility – How treated |
| HARUNA AND OTHERS. V. THE STATE | CRIMINAL LAW AND PROCEDURE: Criminal Conspiracy – Using forged document – Cheating – Wearing army uniform – Section 96(2)(a) Penal Code – Joint trial – Agreement in Lagos to follow-up offences in North- Western State |
| HASSAN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE – Forgery – Immateriality of who forged the document so long as accused was a party to the forgery CRIMINAL LAW AND PROCEDURE – Receiving stolen property – Aiding in disposal of stolen goods – Sufficient evidence of receiving |
| HASTINGS RE (NO. 3). | CRIMINAL LAW AND PROCEDURE:- Habeas Corpus – Criminal cause or matter – Successive applications – Refusal of applications by Queen’s Bench Divisional Court – Application renewed to Chancery Divisional Court – Based on same evidence and same grounds – Whether court entitled to entertain application – Applications to different judges of same Division – Habeas Corpus Act, 1679 (31 Car. 2, c. 2), s. 2 – Habeas Corpus Act, 1816 (56 Geo. 3, c. 100), ss. 3, 6 – Supreme Court of Judicature Act, 1873 (36 & 37 Vict. c. 66), ss. 3, 46 – Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), ss. 1, 63. |
| HAW TUA TAU V. PU PROSECUTOR AND OTHER APPEALS | CRIMINAL LAW AND PROCEDURE:- Evidence – Statement of accused – Cross-examination on statement – |
| HAZO V. KANO NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:- Murder – Appeal – Notice of appeal filed out of time – Effect. |
| HELWANI AND GOUCH V. C.O.P | CRIMINAL LAW AND PROCEDURE:- Receiving Stolen Property – Gold Coast Criminal Code – Sections 284 (1) and 43 (1)- Possession passing from thief to receiver- How treated |
| HINDI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Offence of fabricating false evidence under section 158(1) of the Penal Code – Whether could be in respect of other actual proceedings or contemplated proceedings – Need for compliance with s.140(1)(b) of the Criminal Procedure Code. |
| HON. MICAHEL DAPIANLONG V. CHIEF (DR) JOSHUA CHIBI DARIYE | |
| HONG V. THE STATE | |
| HONOURABLE BASHARU V. BORNU NATIVE AUTHORITY | CRIMINAL LAW AND PROCEDURE:- Provoking a Riot – Attempt to Procure the Commission of a Riot – Whether conviction requires proof of an actual riot CRIMINAL LAW: Substitution of charge at the appellate level – Principles guiding the substitution of original charge and punishment at appellate level – Criminal Code, Cap. 42 section 7 (d) – CRIMINAL LAW: Conviction by Native Court of Provoking a Riot – Whether substitution with conviction of Attempting to Procure the Commission of a Riot substituted by High Court substantially prejudiced defence – Criminal Code Cap. 42, section 513 (1) |
| HUBERT WILLIAM YOUNGMAN V. COMMISSIONER OF POLICE N.R | CRIMINAL LAW AND PROCEDURE:- Amendment of charge in Magistrate’s Court – Accused not asked to plead thereto or whether ready to consent to trial on amended charge – S.164(1) Criminal Procedure Ordinance – Non- compliance – Effect of. |
| HUSSAINI SAMA’ILA V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF CULPABLE HOMICIDE PUNISHABLE WITH DEATH:- Essential elements that must be shown by the prosecution for a successful conviction – relevant considerations CRIMINAL LAW AND PROCEDURE – OFFENCE OF KIDNAPPING:- Essential ingredients – offence of kidnapping relating to minors/child under 16 years (for female) – Need to prove that minor was lawfully in keeping or custody of a guardian, and the accused enticed the victim without the consent of the guardian |
| HUMBE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Amendment of charges – Procedure to be complied with – Failure to strictly comply therewith – Effect – Substitution of Section 221 of Penal Code to Section 221(a). |
| I G OF POLICE V. GEORGE | CRIMINAL LAW AND PROCEDURE:- Forgery – Section 463 Criminal Code – Ingredients of |
| I.G.P. V. MARKE | CRIMINAL LAW AND PROCEDURE:- Autrefois – Dismissal of a complaint on merit amounts to an acquittal – Criminal Procedure Ordinance Ss. 75, 181, 285 28,6 and 301. |
| IBANGA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder –Provocation – Standard of proof |
| IBE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Armed robbery -Plea of alibi – Duty of accused thereon – Whether prosecution has a duty to discharge when accused has not properly raised it – Voice identification – When sufficient – Prosecution witnesses – Contradictions in evidence given – When fatal. |
| IBEH V. STATE | CRIMINAL LAW AND PROCEDURE:- Burden of proof – Duty on prosecution to prove its case beyond reasonable doubt. CRIMINAL LAW AND PROCEDURE:- Contradiction in evidence of prosecution witnesses – Effect of – Whether fatal in all cases – When it will vitiate a conviction – When it will not – Relevant considerations. |
| IBOKO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Accomplice evidence – Need for corroboration CRIMINAL LAW AND PROCEDURE:- Sworn evidence of an accused – How treated. |
| IBRAHIM V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – NARCOTICS RELATED OFFENCES:- Unlawfully dealing in Marijuana (cannabis sativa) a narcotic drug similar to Cocaine, Heroine, LSD – Offence contrary to and punishable under Section 11 (c) of the National Drug Law Enforcement Agency Act, CAP N30 Laws of the Federation of Nigeria 2004 – How treated CRIMINAL LAW AND PROCEDURE – CONVICTION: Conviction upon a guilty plea without any further formality – Conditions which must be satisfied before a plea of guilty can earn a conviction – Need for the Court to be satisfied that the accused understands the charge against him – Need for the Court to be seized of the facts alleged by the prosecution as constituting the offence charged – Need for the Court to ask the accused if he admits all the facts alleged by the prosecution Need for the Court to be satisfied that the accused intends to admit the commission of the offence charged – Need for the facts stated by the prosecution and admitted by the accused to be able to sustain the charge against the accused |
| IDENYI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Cult-related killings – Evidence of accomplices – Whether corroboration required to ground conviction – When statements of accused can serve as corroboration |
| IDIANG V. THE STATE | CRIMINALLAW AND PROCEDURE – APPEAL:- Notice of appeal to Supreme Cowl filed our of time Absence of power to extend time – Appeal struck out |
| IDIEMO V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Evidence of an accomplice – Corroboration – What amounts to |
| IDIKA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- “Counselling or Procuring” – Section 7, Criminal Code. |
| IDIONG V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – How proved – Defence of self-defence and provocation – Need to prove same – Relevant considerations |
| IDIRISU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Northern Nigeria – Culpable Homicide punishable with death – Duty of prosecution to prove same – Criminal Procedure Code, Section 249(3) CRIMINAL LAW AND PROCEDURE:- Murder – Entitlement of a person standing trial to defend himself and to avail himself of all facilities provided by the law |
| IDOMA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal Conspiracy – Accepting gratification – Threat – Accomplices or Victims of threat – S.97 Penal Code – S115(17) Penal Code. |
| IDOWU SALAMI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Armed Robbery – Defence of alibi – Duty of Prosecution to disprove defence – Duty of police to investigate – Statements to police by witnesses – Contradictions with evidence in court – Effect – Appeals – Concurrent findings of fact by two lower courts -Attitude of Supreme Court |
| IFEACHO V. BOARD OF CUSTOMS AND EXCISE | |
| IFEANYI NWAFOR V. THE STATE | CRIMINAL LAW- ARMED ROBBERY:- Proof of – Elements that must be established by the prosecution beyond reasonable doubt in a case of armed robbery – Effect of failure thereto CRIMINAL LAW AND PROCEDURE – CONTRADICTION:- Meaning – Contradiction in evidence of prosecution witness where deemed material – Duty of court to resolve same in favour of accused person – Effect |
| IFEGWU V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – Crime unknown to any Nigerian law – whether an accused person can be convicted of same in view of section 33(8) and (12) of 1979 Constitution. CRIMINAL LAW AND PROCEDURE – Offence of fraudulently granting credit facility– whether known to any Nigerian law relating to crime. CRIMINAL LAW AND PROCEDURE – Retrospective criminal legislation – accused convicted thereunder – whether constitutional – accused person convicted of acts which occurred partly before the commencement and partly after the commencement of a legislation – propriety of. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
