CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (8)
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CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (8)
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| TITLE | MAIN ISSUES |
| MAJOR S. G. IDAKWO (RTD) V. MALL. ALIYU IBRAHIM & ANOR. | CRIMINAL LAW AND PROCEDURE – FRAUD:- Where fraud is made an issue in any proceedings – Need for it to be pleaded with relevant particulars and evidence led thereon – Standard of proof – Whether proof beyond reasonable doubt |
| MAKOSA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable Homicide with death – Defence of Insanity – Where not established by accused on the evidence but there is shown the desirability of having accused under medical investigation pending trial if any doubt from past conduct – How treated |
| MAMMAN AND OTHERS V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable Homicide Punishable with Death – Evidence of motive – Circumstantial evidence – Sections 221(b), Penal Code, & 246 Penal Code |
| MANJEI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Proceeding at trial – Reading out medical deposition to the accused – Section 249(1) of C. P. C. – Effect of non-compliance. |
| MANUEL V. THE QUEEN | CRIMINAL LAW – MURDER:- Dying statement of deceased person – Res gestae – incidents nearly contemporaneous and pointing towards the guilt of accused person – Failure of alibi of accused person |
| MARCEL NNAKWE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- “Conspiracy to commit murder – Attempted murder – Culpable homicide punishable with death – Relevant considerations CRIMINAL LAW AND PROCEDURE – OBJECTION TO AN UNLAWFUL PROCEDURE/PROCEEDING AT THE TRIAL: Where an accused person in a criminal case fails to raise an objection to an unlawful procedure/proceeding at the trial – Whether he cannot be allowed to raise same at the appellate stage where all along represented by counsel |
| MARGARET AKUNG EPHRAIM NENE EYU (MRS) V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Application for bail pending trial – Application opposed by prosecution – Onus on prosecution to show why application must fail. CRIMINAL LAW AND PROCEDURE:- Bail – Amount of – Need to curb excessiveness – S.120 C. P. A. CRIMINAL LAW AND PROCEDURE:- Bail – Basis of jurisdiction of High Court for the grant thereof- Consideration of S.123 C.P.A. CRIMINAL LAW AND PROCEDURE:- Bail – Considerations for its grant – Need for liberal approach in the light of 8.32(1) of 1979 Constitution. |
| MARIAGBE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Circumstantial evidence – Standard of proof required – Where inconclusive – Whether evidence similarly useful to prove innocence – Whether conviction proper |
| MATHEW BABALOLA AND ANOR | CRIMINAL LAW AND PROCEDURE:- Evidence—Deposition – Trial judge relying on evidence of witness – Where there is no evidence that accused had kept witness out of the way – Whether proper for judge to admit deposition under s. 34(1) of the Evidence Law CRIMINAL LAW AND PROCEDURE:- Robbery -”Threatens to use actual violence to any person”-Meaning – Criminal Codes s. 401. |
| MATTHEW ONAKPOYA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof – Defence of insanity – What must be to set up to ground defence – s. 27, Criminal Code – 140(3), Evidence Ordinance CRIMINAL LAW AND PROCEDURE:- Criminal Trial – Need to prevent delay in concluding same |
| MATTHIAS NNORUGA & ORS V. DR. AKINBOWALE R. ENIOWO & ORS | CRIMINAL LAW AND PROCEDURE – UNLAWFUL ARREST: Effect of unlawful arrest and detention of a party CRIMINAL LAW AND PROCEDURE:- Arrest for breach of contract – Liability of complainant to the police leading to unlawful arrest and detention of another |
| MATTOUK V. MASSAD | CRIMINAL LAW AND PROCEDURE:- Rape and seduction of a minor – Competency of action – Proof of rape – uncorroborated evidence of a teenager alleging rape leading to pregnancy – Attitude of court thereto |
| MAXWELL V. THE DIRECTOR OF PUBLIC PROSECUTIONS – CWL | CRIMINAL LAW AND PROCEDURE:- Manslaughter – Evidence – Admissibility – Cross-examination – Prisoner’s previous Character – Previous Charge – Acquittal – Criminal Evidence Act, 1898 (61 AND 62 Vict. c. 36), s. 1, proviso (f). |
| MBELE V. THE STATE | CRIMINAL LAW AND PROCEDURE – EVIDENCE:- Criminal proceedings – Admissibility – Competence of a minor/child to give evidence in criminal proceedings – Duty of court thereto – Two steps a court must observe before such evidence is deemed admissible or one which can be acted on without corroboration CRIMINAL LAW AND PROCEDURE – EVIDENCE:- Criminal proceedings – Competence and admissibility of evidence of a child/minor – Whether evidence of a child need corroboration as a matter of law – Test a child must satisfy before s/he can give evidence on oath – Duty of court thereto – Whether court under duty to record questions put to child and answers received before making determination as to child’s competence – Relevant considerations |
| MBEREKPE V. ADIKES | CRIMINAL LAW AND PROCEDURE:- Case stated to High Court – High Court making consequential order – Validity of – Sections 31 and 32 Magistrates’ Courts Law Eastern Nigeria. CRIMINAL LAW AND PROCEDURE – Case stated to High Court- Law not making provision for procedure the High Court will adopt – What Court to do in the circumstances- Sections 31 and 32 Magistrates’ Courts Law Eastern Nigeria |
| MBERI V. THE STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY:- Essential elements of offence of armed robbery CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI: Appropriate time to raise the plea of alibi – Whether prosecution is always duty-bound to investigate defence of alibi |
| MBIAM AND ANOR. V. THE STATE | CRIMINAL LAW:- Murder – Proof – Onus of proof on prosecution CRIMINAL LAW AND PROCEDURE: – Evidence – Defence – Where no evidence is given by defendants on matters peculiarly within their knowledge – Need for Court not to speculate but decide on the evidence before it – Alibi – Duty of defendant towards setting up his own alibi |
| MBO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Whether refusal of wife to provide food for husband constitutes provocation in law. |
| MBOHO V. THE STATE | |
| MCILKENNY V. CHIEF CONSTABLE OF WEST MIDLANDS POLICE FORCE AND ANOTHER AND RELATED | CRIMINAL LAW AND PROCEDURE:- Criminal Procedure – Allegation of Police brutality of person being prosecuted of crime – Where not proved – Whether can be reopened in civil proceedings – Whether abuse of court processes |
| MEIAUDU YUNANA ZURU V. CHIEF OF NAVAL STAFF AND ORS | |
| METROPOLITAN POLICE COMMISSIONER V. HAMMOND | |
| MGBABOR V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Accomplice evidence – Corroboration |
| MGBEMENE V. I.G.P. | CRIMINAL LAW AND PROCEDURE:- Eastern Region Local Government Law, S.43(1) – Omission of “corruptly” in charge of receiving bribe laid thereunder – Effect CRIMINAL LAW AND PROCEDURE:- Eastern Region Local Government Law, S.43 (1) – Purport of |
| MICHAEL ADEDAPO OMISADE AND OTHERS V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Distinction between civil appeals and criminal appeals on facts CRIMINAL LAW:- Unlawful possession of arms – Proof of personal possession – Whether unnecessary |
| MICHAEL AIWORO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Defences of insanity and intoxication – When insanity constitutes a defence |
| MICHAEL AKPAN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Burglary and Stealing contrary to contrary to ss. 411 (1) and 390 (4) (b) of the Criminal Code |
| MICHAEL AROWOLO V. CHIEF TITUS IFABIYI | CRIMINAL LAW AND PROCEDURE:- Imputation of crime – Whether the use of the word ‘fraudulently’ imputes crime |
| MICHAEL EBEINWE V. THE STATE | |
| MICHAEL IGBINEDION V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – AMENDMENT OF A CHARGE:- Whether upon the amendment of a charge, the new charge is deemed as the original charge |
| MICHAEL IJUAKA V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Obtaining by false pretences contrary to 5.419 Criminal Code – False pretence laid in charge not proved to be operative inducement – Failure fatal to conviction. |
| MICHAEL IMOUDU AND OTHERS V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Charge or count — Alleged duplicity — Count valid ex facie and no prejudice—Whether acquittal of one accused affects conviction of another—Conviction on undefined evidence, if not sustainable on one of two possible views—Criminal Procedure Ordinance, s.156. CRIMINAL LAW: Riot arising from a planned labour demonstration – Charges arising therefrom – How treated |
| MICHAEL OKAROH V. THE STATE | |
| MIKA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Confessional statement missing – Oral evidence of – Admissibility CRIMINAL LAW AND PROCEDURE:- Police obtaining accused person’s statement – How done. CRIMINAL LAW AND PROCEDURE – Statement of accused – Taking of in presence of other suspects – Undesirability of. |
| MIKE AMADI V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE – BURDEN OF PROOF:- Burden of proof on the prosecution in a criminal trial |
| MILTON P. OHWOVORIOLE V. FEDERAL REPUBLIC OF NIGERIA AND ORS. | CRIMINAL LAW AND PROCEDURE:- Charges – Leave to prefer a charge in the High Court – Requirements thereof – What must accompany application – What applicant needs show. |
| MILTON PAUL OHWOVORIOLE V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:– Criminal Procedure Code – Application of same to offences created under the Penal Code – extent of its application to offences created under the Corrupt Practices and Other Related Offences Act 2000 CRIMINAL PROCEDURE CODE – INTERPRETATION OF STATUTES:– Section 185(b), Corrupt Practices and Other Related Offences Act, 2000 and 1999 Constitution section 36(4) – Compatibility of provisions considered. |
| MIRI AND OTHERS. V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable homicide not punishable with death – Appellant with other persons attacking deceased with axe – Common intention to attack and kill proved – Whether medical evidence vital – Penal Code s.79. |
| MISC. OFFENCES TRIBUNAL V. OKOROAFOR | CRIMINAL LAW AND PROCEDURE- Offences -Offence under Special Tribunals (Miscellaneous Offences) Act – Procedure for prosecuting same – Section 5(5) and 6(1) & (1) thereof Time frame for prosecution of same – Failure to comply therewith – Effect. CRIMINAL LAW AND PROCEDURE – Offences – Offence under the Counterfeit and Fake Drugs (Miscellaneous Provisions) Act- Appropriate court vested with jurisdiction to try same – Procedure for |
| MOHAMMADU V. C.O.P. | CRIMINAL LAW AND PROCEDURE:- Driving at speed or dangerously – Charge bad for duplicity but accused not misled or damnified so no failure of justice under Criminal Procedure Code – Appeal against conviction dismissed but 3 years imprisonment and 10 years driving disqualification reduced to 18 months imprisonment and 5 years disqualification thereafter. |
| MOHAMMED V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Parties to the offence – Conviction as accessory after the fact on charge of substantive offence – Whether permissible in Anambra State CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Concerted unarmed assault on suspected thief at instigation of 1st accused – Whether death a probable consequence – Position of authority over others – Subsequent armed attack on different person by others after withdrawal from fight – Merely standing by without interceding – Whether suffices – |
| MOHAMMAN V. LOCAL GOVERNMENT POLICE | CRIMINAL PROCEDURE:- Judgement – Basic contents of— Need for defence to be considered – Effect of failure to make essential findings of fact. |
| MOKE V. QUEEN | CRIMINAL LAW – MURDER: – Proof of – Corroboration – Evidence of co-accused persons – Identification of accused person as connected with the crime – Unsworn evidence of minor – Identity parade – Proper ways to treat same |
| MOMO GARBA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Dying declaration – Declaration in one statement but not in subsequent statement – Admissibility of later statement – Whether later statement made admissible by first statement |
| MOMODU ADISA V.THE STATE | CRIMINAL LAW AND PROCEDURE:- Statement of Witness to police – When admissible – Proper use |
| MONDAY NWAEZE V. THE STATE | CRIMINAL LAW AND PROCEDURE – Admissibility – Confessional statement made through interpreter – Interpreter not called as witness – Whether statement admissible in evidence. CRIMINAL. LAW AND . PROCEDURE – Circumstantial evidence – Nature of sufficient to support conviction for murder. CRIMINAL LAW AND PROCEDURE – Confessional statement – When sufficient to ground conviction. CRIMINAL LAW AND PROCEDURE – Inconsistency in evidence of prosecution witnesses – Effect of |
| MOSALEN OKOTOGO V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Whether belief in witchcraft can be a defence to a charge for murder |
| MOSES DAKUMA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal Appeals – To Court of Appeal – Time for appeal in capital cases – Extension – Notice of appeal filed out of time – Fresh notice subsequently filed after statutory amendment empowering Court of Appeal to enlarge time in capital cases – Absence of application for extension of time – Appeal struck out by Court of Appeal as incompetent – Further appeal on ground of Court of Appeal’s failure to exercise jurisdiction to enlarge time in a capital case dismissed as misconceived – How treated |
| MR. EMMANUEL NNAMDI NNAKWE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Criminal proceedings – Powers of the Attorney General to issue a Fiat to a private legal practitioner to prosecute an alleged offence – Constitutional foundation – Community reading of section 4(2)(b) of the Penal Code Act read along with section 134(a) (b) (c) and (d) of the Criminal Procedure Code Act as well as section 301 of the Constitution of the Federal Republic of Nigeria 1999 – Relevant considerations CRIMINAL LAW AND PROCEDURE:- Offences committed in the course of the same transaction – Assassination – Jurisdiction – When offences out of jurisdiction can be deemed automatically offences committed within jurisdiction as soon as accused persons entered jurisdiction – Relevant considerations |
| MRS E.A LUFADEJU V. EVANGELIST BAYO JOHNSON | CRIMINAL LAW AND PROCEDURE:- Offence of conspiracy to commit treason and actually committing treasonable felony – Whether magistrate court has jurisdiction to entertain same CRIMINAL LAW AND PROCEDURE – PLEA TAKING:- Magistrate Court – Requirement for valid arraignment – Mandatory requirements of the law which must be complied with in all arraignments – Justification – Whether failure to satisfy any of them will render the whole trial defective and null and void CRIMINAL LAW AND PROCEDURE:- Arraignment – Whether reading out the charge to an accused person by court without taking his plea amounts to arraignment – Distinction between remand proceeding and – Section 78 (b) of the Criminal Procedure Law Section 215 of the Criminal Procedure Law |
| MUCELLA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Prisoner wishing to exercise right of appeal – Duty of prison authority. |
| MUDU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of |
| MUHAMMEDU GADAM V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder — Killing provoked by belief in witch-craft – Criminal Code, Section 25 — Whether belief not reasonable |
| MUONWEM V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Common intention to prosecute unlawful act – Assault occasioning death – Liabilities of parties CRIMINAL LAW AND PROCEDURE:- Criminal Code, S.8 – How applied |
| MURDOCH V. TAYLOR | CRIMINAL LAW AND PROCEDURE:- Crime – Evidence – Character – Evidence incriminating another person charged with the same offence – Cross-examination as to criminal record – “Evidence against any other person” – Meaning of “against” – Evidence supporting prosecution case – Whether right of cross-examination on behalf of co-accused absolute – Criminal Evidence Act, 1898 (61 AND 62 Vict. c. 36), s. 1 (f) (iii). |
| MUSA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Arraignment – Ingredients of – How done – Failure to comply with – Effect thereof Section I 87(1) Criminal Procedure Code and 33(6) of 1979 Constitution as amended considered CRIMINAL LAW AND PROCEDURE:- Plea – Failure to take accused person’s plea – Section 187, Criminal Procedure Code – Effect on trial CRIMINAL LAW AND PROCEDURE:- Retrial – Retrial order in criminal cases – When it may be made – Principles guiding the court in ordering retrial |
| MUSA AKILI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Arraignment – Ingredients of – How done – Failure to comply with – Effect thereof Section I 87(1) Criminal Procedure Code and 33(6) of 1979 Constitution as amended considered. |
| MUSA UMARU KASA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Acquittal – Several persons charged with same offence – When evidence against them not interwoven – Acquittal of one on appeal – Whether ipso facto necessitates acquittal of others. CRIMINAL LAW AND PROCEDURE – Forensic examination – Bloodstains found on property of suspect – Desirability of forensic examination thereof: |
| MUSA V. THE STATE | CRIMINAL LAW – MURDER – CULPABLE HOMICIDE:- Ingredients of CRIMINAL LAW AND PROCEDURE – EVIDENCE:- Contradictory evidence as to Cause of death – Allocutus – Effect CRIMINAL LAW AND PROCEDURE – EVIDENCE:- Confessional statement – Admission of – Voluntariness of – Burden of proof |
| MUSA YARO V. THE STATE | |
| MUTUAL AIDS SOCIETY LTD V. AKERELE | |
| MWOKE V. I. G. P. | CRIMINAL LAW AND PROCEDURE:- Conviction – Conspiracy and specific offence – Acquittal for conspiracy – Whether inconsistent with conviction for specific offence CRIMINAL LAW AND PROCEDURE:- Prejudicial evidence – Reception of – Effect |
| NAFIU RABIU V. KANO STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Double Jeopardy – Whether the rule against double jeopardy applies to criminal proceedings in Nigeria |
| NASAMU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Circumstantial evidence – Gun-shooting by soldier – Gun not recovered and bullet not official one used in service – How treated CRIMINAL LAW:- Circumstantial evidence – Need for proof beyond reasonable doubt |
| NATIONAL IRISH BANK LTD (UNDER INVESTIGATION) | |
| NBIN V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Absence of post-mortem examination to establish cause of death – Whether accused can be convicted on clear evidence of the killing. |
| NDI OKEREKE ONYUIKE V. THE PEOPLE OF LAGOS STATE & ORS | CRIMINAL LAW AND PROCEDURE – CONFUSED COUNT OF CHARGES: Nature of a confused count of charges – When without looking at or reading the proofs of evidence a court can easily come to the irresistible conclusion that the prosecution does not appear to know who committed the murder and who to charge in the case CRIMINAL LAW AND PROCEDURE – COUNT OF CHARGES: – Whether prosecution is allowed to gamble – Need for counts to be clearly and succinctly stated, the persons involved clearly identified and the specific allegation against each meticulously stated – Effect of failure thereto CRIMINAL LAW AND PROCEDURE – CRIMINAL JUSTICE – STATUTE INCONSISTENT WITH THE CONSTITUTION: Foundation of criminal justice in Nigeria – Section 36(5) of the 1999 Constitution – Presumption of innocence of an accused – Section 35(1)(c) of the 1999 Constitution – Requirement that an accused be brought to court upon reasonable suspicion of having committed a criminal offence – Whether an accused is constitutionally entitled to challenge prima facie insufficiency of proof of evidence against him before plea is taken to the charge – Whether the ordeal of a criminal trial with the accompanying traumatic psychological impact on an accused person justifies discontinuation of trial on ground of porous or insufficient prima facie proof of evidence – Section 260(2) of Law No. 10 of 2011 – Whether draconian and inconsistent with Sections 35(1)(c) and 36(5) of the 1999 Constitution – Constitutionality of Section 260(2) of Law No. 10 of 2011 |
| NDIKUM V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Conviction for manslaughter – Discharge on other counts – Conviction quashed on appeal – Power of Appellate Court to convict on discharged counts – Section 435 Criminal Procedure Ordinance. |
| NDU V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder – How proved – Defence of insanity – When avails accused CRIMINAL LAW AND PROCEDURE – IDENTITY OF DECEASED PERSON:- Relevance – How proved – Whether proof of the age of the deceased is material in every case – Where there are facts from which it can be inferred that the corpse examined by the doctor was that of the deceased – Whether makes identification of the corpse is indispensable – Whether a conviction for murder can be made without the recovery of the dead body if there is positive evidence that the deceased has been killed |
| NEEYODE PEBA V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Proof of – Essentials |
| NGWO KALU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Discrepancies in evidence of witnesses – Duty of court. |
| NIGERIA PORTS AUTHORITY V. ABU AIRADION AJOBI | |
| NIGERIAN AIR FORCE V. EX.SQN. LEADER A. OBIOSA | CRIMINAL LAW AND PROCEDURE:- Offences – Forgery under Armed Forces Decree No. 105, 1993 (as amended) – How proved – Punishment therefor – Whether same as that under the Criminal Code CRIMINAL LAW AND PROCEDURE:- Proof – Onus of proof in criminal cases – On whom lies CRIMINAL LAW AND PROCEDURE:- Restitution -Military officer – Where convicted of stealing or obtaining stolen property – Liability of to restore property – Section 174, Armed Forces Decree No. 105, 1993 |
| NIGERIAN TELECOMMUNICATIONS PLC V. EMMANUEL O. AWALA | CRIMINAL LAW AND PROCEDURE – Criminal prosecution – competent authority to undertake same. |
| NINEDAYS V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Conspiracy to defraud- Test of CRIMINAL LAW AND PROCEDURE:- Stealing -Fraudulent intent – Test for determination – Section 383(2) Criminal Code. CRIMINAL LAW AND PROCEDURE:- Stealing – Whether goods sufficiently appropriated to support charge -Section 383(2) Criminal Code. |
| NIYI AKINMOJU V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Free and voluntary confession – Retracted confession- conviction based CRIMINAL LAW AND PROCEDURE:– Presumption of guilt – onus on the accused to rebut – how treated. |
| NJOVENS V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Abetting the commission of a robbery – Receiving stolen property – Accepting gratification – Failing to arrest persons known to have committed offences of Armed robbery – Harbouring known offenders s.4(2) Penal Code – How proved |
| NKANU V. STATE | CRIMINAL LAW:– Murder – Defences – 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 – Other relevant considerations |
| NKEIRUKA JIDEONWO V. THE STATE | CRIMINAL LAW AND PROCEDURE: Inconsistency rule: Extra-judicial confession of accused :Defences open to accused |
| NKENCHOR V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Provocation – Distinction from mere anger – Deceased allegedly saying after quarrel between defendant and defendant’s son that son should be left to kill defendant – Defendant – following deceased, his older brother, home to kill him and there fatally matcheting him during fight in which deceased an octogenarian, armed with only stick – Deceased’s alleged word even if sufficient to anger defendant, insufficient to establish provocation since defendant had time to cool and also retaliated disproportionately – Conviction of murder re-affirmed. |
| NKITI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Whether need to send weapon used for murder to an analyst. |
| NKWOGU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Aiding of – S.7 Criminal Code – Mob attacking deceased – Appellant preventing deceased from being rescued – Whether liable for murder – Section 7 Criminal Code |
| NMA DOGO V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Defence of alibi – where it is set up by an accused person – duty on. |
| NNABU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Lynching of a person accused of stealing by dreaded gang/group – How proved – Delayed investigation – Where deceased’s body not found – Whether there can still be conviction |
| NOSIKE IBOJI V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Proof of – Murder arising from a an unlawful act like a fight which was premeditated and planned – Whether the agreement or conspiracy to fight does not amount to conspiracy to murder – Whether in the course of doing an illegal act like fighting which is likely to result in grievous bodily harm on the person fought with, it stands to reason that an appellant cannot escape from the probable consequence of his action CRIMINAL LAW AND PROCEDURE – CONSPIRACY TO COMMIT MURDER:- Meaning – How determined – Whether it is the actual agreement alone which constitutes the offence and it is not necessary to prove that the illegal act has in fact been committed – Whether must be inferred from the circumstances of the case – Whether the evidence of conspiracy to murder must be specifically proved beyond peradventure – Whether offence of conspiracy to murder can be proved even where the substantive offence was not proved |
| NOSIRU ATTAH V. THE STATE | CRIMINAL LAW AND PROCEDURE:- “Charge” – Meaning of – Whether same as “count” – “Charge” under sections 162-165 Criminal Procedure Law – Meaning and interpretation of CRIMINAL LAW AND PROCEDURE – Charge – Amendment or alteration of charge – Requirement of fresh plea – Importance of –- Implication for previous plea of accused – Noncompliance thereto – Effect – Section 164(l) Criminal Procedure Law in review |
| NSOFOR V. STATE | CRIMINAL LAW AND PROCEDURE:- Information for conspiracy to commit murder and murder contrary to Sections 324 and 317 (1) respectively of the Criminal Code Law of Bendel State of Nigeria Cap. 48 applicable in Edo State – How proved – Admissibility of extrajudicial confessional statements – When a mini trial within a trial will be required to determine same – Whether conviction can be founded on confessional statement of accused person alone |
| NSEBE V. STATE | CRIMINAL LAW AND PROCEDURE:- Charges – Framing of – Need far charge to be based on offence disclosed by available evidence CRIMINAL LAW AND PROCEDURE:- Forged document under Ss. 463 and 465 Criminal Code – Whether synonymous with common law definition of forgery CRIMINAL LAW AND PROCEDURE- Information – Framing of- Effect of proviso (i) of S.340(2), Criminal Procedure Act. CRIMINAL LAW AND PROCEDURE:- Stealing – Where complainant parted with property voluntarily – Whether charge sustainable. |
| NTAH V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Criminal Code, Cap. 42 section 316(1) & (2)-Application of CRIMINAL LAW AND PROCEDURE:- Murder – Death following assault on stomach – Where requisite intention to commit grievous bodily harm is lacking – Evidence that deceased suffered from enlarged spleen – Spleen ruptured by blows – Whether evidence sufficient to show Intention to kill or to inflict grievous bodily harm – Whether case qualifies for substitution of murder with manslaughter |
| NTAM AND ANOTHER V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable homicide punishable with death – Accused setting up an alibi – Failure by police to check whether true or false – Effect – Accused giving evidence on oath merely “adopting” statement made to police – Desirability of accused giving evidence in form of narrative |
| NTIBUNKA AND ANOTHER. V. THE STATE | CRIMINAL LAW:– Murder – Proof of – Circumstantial evidence – When can ground conviction – Alibi – How discharged CRIMINAL LAW AND PROCEDURE:- Sentencing – Murder convicts – Where judge omitted to record sentence as required – Certificate from the Registrar of the same Court in regard to the same accused persons which sets forth the appropriate sentence suffices – Whether suffices |
| NUNYIEWA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Provocation – Meaning and context – Standard of proof – Reaction of ordinary man in defendants community – How to be assessed – Misdirection on provocation – When will amount to miscarriage of justice. |
| NWABUEZE AND OTHERS V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Robbery contrary to S.1(2) (a), Robbery and Fire-arms (Special Provisions) Act, 1970, Imo State – Defences – Alibi – How established – Evidential burden of proof – Trials – Convicting based on conflicting evidence of witnesses – Effect – Duty of trial courts in the resolution of doubt created by prosecution’s case |
| NWACHUKWU ANAOBASI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Inadmissible evidence accepted – No miscarriage of justice – Effect on appeal CRIMINAL LAW AND PROCEDURE:- Murder- Mistaken identity – Liability for |
| NWACHUKWU V. C. O. P. | CRIMINAL LAW AND PROCEDURE:- Interference with accused’s witness – State Counsel dealing with witness of defence – Propriety of – When it can vitiate a trial |
| NWAEGBUABA V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Witnesses – Prosecution witness earlier arrested as a suspect – Whether a person with an interest to serve. |
| NWAGBO IGWE AND ANOR V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Homicide – Absence of prosecuting counsel – Examination of principal prosecution witnesses by trial judge – Likelihood of bias – Effect of validity of proceedings – Eastern Region High Court Law 1955 section 91 – Criminal Procedure Ordinance Ss.211, 212, 240 and 352. |
| NWAGU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Duty of prosecution to prove same – Defence of provocation – Whether there is any burden on defendant to establish a defence of self-defence or provocation – When trial court is deemed to have misdirected itself – When a sentence of murder ought to substituted for manslaughter – Relevant considerations |
| NWAGWU AGWUAJA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – when defence has nothing to urge on appeal – Duty of court |
| NWAINYIMA V. THE QUEEN | CRIMINAL LAW:- Murder – Validity of conviction for murder based on voluntary confession |
| NWALI NNABO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Delusion – Scope of criminal responsibility of accused riding therefore. CRIMINAL LAW AND PROCEDURE – Insane delusion – When it may not constitute insanity. CRIMINAL LAW AND PROCEDURE – Insane – Abnormality of the mind – When it may constitute insanity. |
| NWANJOKU V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Conviction based on contradictory statements of accused – Propriety of. CRIMINAL LAW AND PROCEDURE:- Murder – Evidence which falls short of confession – Whether capable of proving charge. |
| NWANKWO AND NWOJA V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Sentence -Binding over-form -binding over “to be of good behaviour” under Criminal Procedure Law, s.300 not quashed for including “and keep the peace” even though wider than words in section |
| NWEDE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Defence of Provocation and Self-defence – Statements of defendant prima facie suggestive of those defences – Where totality of prosecution evidence indicates premeditated actions occasioning death – Failure by defendant to testify or call witnesses – Proper treatment of |
| NWEKE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Defence of Provocation – How proved CRIMINAL LAW AND PROCEDURE:- Lawful Arrest – Right of private person to arrest – Destination of arrested person – Telling him why he is arrested – Exception of lawful arrest |
| NWELEBE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of drunkenness – Whether evidence of drinking without more can avail accused of the defence – What accused must show. CRIMINAL LAW AND PROCEDURE:- Witness for prosecution – Minor discrepancies in evidence of prosecution witnesses – Effect thereof |
| NWEZE V. MGBADA | |
| NWEZE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE – Accomplice – Who is? CRIMINAL LAW AND PROCEDURE- Evidence of an accomplice – Corroboration of. CRIMINAL LAW AND PROCEDURE – Evidence of bad character – Wrongful admission of – Effect. |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
