NIGERIAN CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (9)
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CASES/JUDGMENTS ON CRIMINAL LAW AND PROCEDURE (9)
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| TITLE | MAIN ISSUES |
| NWIGBOKE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Confessional Statements to Police Officers – Procedure for treatment CRIMINAL LAW AND PROCEDURE:- Confessional Statements to inferior Police Officers – Where not read over and confirmed before a Superior Police Officer or administrative officer – Effect |
| NWITE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Defence of provocation – Cultural status of accused – Whether relevant CRIMINAL LAW AND PROCEDURE:- Murder – Provocation – Test in Mancini v. D.P.P. 28 C.A.R. 85 – Whether relevant in Nigeria CRIMINAL LAW AND PROCEDURE:- Murder – Sections 284 and 318 of the Criminal Code – Distinction between CRIMINAL LAW AND PROCEDURE:- Section 289 Criminal Code – Property in question already destroyed – Applicability of |
| NWOBIALA V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW:- Seditious intention- Onus on prosecution to prove- Ways of proving seditious intention – Inference from words used and method of publication CRIMINAL LAW:- Seditious publication – Essential ingredients of proving seditious intention – Evidence of telegraph official as to contents of telegraph – Not sufficient. |
| NWOBU AND ANOTHER V. COMMISSIONER OF POLICE | CRIMINAL LAW:- Appeal – Indictable Offence-Summary trial by Magistrate by Consent of accused – Sentence imposed within limit of Magistrate’s jurisdiction-Appeal to High Court —Conviction affirmed-Increase of Sentence. |
| NWODE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Charge of arson contrary to section 443(a) of the Criminal Code – Identification of accused – Whether satisfactory CRIMINAL LAW AND PROCEDURE:- Inconsistency in evidence of prosecution witness – Duty of Court |
| NWOFIA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – How proved – Accused pleading defence not known to law – Effect thereof |
| NWOGBAGA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Ndozi Obodo Society – Society members committing murder – Applicant present and taking part in the commission |
| NWOKENTA V. THE STATE | CRIMINAL LAW AND PROCEDURE – Murder – Application for adjournment by defence to look for psychiatrist to testify as to accused’s mental condition – Application made after accused had given evidence – Lateness in making application – Refusal by Court to grant application. |
| NWOKO V. THE STATE | CRIMINAL LAW ANDPROCEDURE: – Murder – Proof of – Evidence in criminal trial – Extra-judicial statement – Retraction of confessional statements – Expert evidence – Whether medical evidence as to cause of death a necessity for conviction |
| NWOKOCHA V. ATTORNEY GENERAL OF IMO STATE | CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY:- Three essential ingredients of the offence of armed robbery – Whether all the three ingredients must be altogether proved for the offence to be said to have been proved CRIMINAL LAW AND PROCEDURE – ARRAIGNMENT OF ACCUSED PERSON(S):- Condition for a valid arraignment – Constitutional basis – Section 36 (6) (a) and (e) of the 1999 Constitution CRIMINAL LAW AND PROCEDURE – PROVISION OF AN INTERPRETER:- Desirability and constitutional duty of a trial Judge to make a full record of the proceedings before it in a criminal case – Where a trial Judge indicates in his record that an interpreter was provided at the commencement of the trial – Whether failure to record this fact on subsequent days of the trial, will not vitiate the trial per se – Whether it is only when it is shown that there was no interpreter provided at all and that the accused person does not understand the language in which the proceedings of the Court is conducted, that such failure would be vital and would vitiate the tria |
| NWOKUM V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Membership of a murder society – Murder committed – Appellant not present or participated in – Liability for CRIMINAL LAW AND PROCEDURE:- Murder- Identity of deceased not certain – Effect |
| NWOSISI V. INSPECTOR-GENERAL OF POLICE | |
| NWOSISI V. THE STATE | CRIMINAL LAW:- Murder – Proof of – Defence of alibi – Duty of court not to disregard evidence of alibi unless there is a stronger evidence against it – Onus on prosecution to prove the charge against an accused person – Whether extends to duty of bringing the evidence on which accused person relies for his defence of alibi |
| NWOSU V. BOARD OF CUSTOMS & EXCISE | CRIMINAL LAW AND PROCEDURE:- Fraudulent evasion of customs duty – Elements of offence – Proof – Judgment – Delivery -Absence of accused at delivery – Effect. |
| NWUZOKE V. THE STATE | CRIMINAL LAW:– Murder – Duty to consider all defences that may arise |
| NYAM AND ORS. V. THE STATE | CRIMINAL LAW:- Northern Nigeria – Culpable Homicide punishable with death – Defendant member of unlawful assembly – Other members killing in pursuit of common object |
| OBADARA V. THE PRESIDENT, IBADAN WESTERN DISTRICT | CRIMINAL LAW AND PROCEDURE:- Civil Appeals – Proceedings in High Court to prohibit Customary Court from trying a criminal case – Nature of High Court proceedings – |
| OBADENEJI OMOHODION V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE: Assault occasioning bodily harm – Section 355 of the Criminal Code – |
| OBAJI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:– Murder – When proof depends on oral witnesses of accomplices – Need for trial court to warn himself of the danger of convicting without corroboration – seeking for corroboration – Propriety thereof |
| OBAJI V. THE STATE | CRIMINAL LAW:- Provocation as reducing murder to manslaughter. |
| OBAKPEE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Conflicting testimonies – Duty of trial court to careful examine evidence CRIMINAL LAW AND PROCEDURE:- Murder trials – Recommendation of day-by-day trial – deprecation of long adjournment in the middle of trial |
| OBAREKI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Magistrate court proceedings and the right of election – Purpose of – Where a magistrate in the exercise of his summary jurisdiction tries an indictable offence without the consent of the accused persons or without informing the accused person of his right to be tried in the High Court or in the magistrate’s court – Whether entire proceedings null and void ab initio. |
| OBASI ONYENYE V. THE STATE | CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY: – Proof of charge – Whether pieces of evidence before the court to establish the offence of armed robbery can clearly be grouped into three – The direct evidence of an eyewitness – Circumstantial evidence – A confessional statement CRIMINAL LAW AND PROCEDURE – ARMED ROBBERY: – Three essential elements of the offence of armed robbery which the prosecution has the burden to prove beyond reason doubt in accordance with section 138 (1) of the Evidence Act – There must have been a robbery or series of robberies – Each robbery was an armed robbery – Accused was one of those who took part in the robbery or robberies while with arm or arms – How treated CRIMINAL LAW AND PROCEDURE – CONSPIRACY: – Nature of conspiracy as a criminal act – Whether conspiracy can be inferred from the acts of doing things towards a common end where there is no direct evidence in support of an agreement between the accused persons – Whether the conspirators need not know themselves and need not have agreed to commit the offence at the same time to found the charge – Whether courts tackle the offence of conspiracy as a matter of inference to be deduced from certain criminal acts or inactions of the parties concerned – Section 6 of the Robbery and Firearms Act – Whether classifies an absent accused like the appellant as a principal offender and shall be liable to be proceeded against and punished accordingly under the Act |
| OBASI V. STATE | CRIMINAL LAW AND PROCEDURE:-Confession -Meaning and characteristics of – When sufficient to ground conviction – Conditions precedent – When it amounts to plea of guilty – Whether relieves prosecution of onus of proof CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Cause of death – Where attributable to object used by the accused – Object as good evidence against accused. CRIMINAL LAW AND PROCEDURE:- Proof of crime charged – Contradiction between statement of witness to police and testimony in court – Whether resolvable by facts elicited from witness during cross-examination in court. |
| OBI V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder- Proof – Need for prosecution to connect accused person to the murder – Considerations which raise a strong suspicion against the appellant, but are not of sufficient quality to lead to the inescapable conclusion that the appellant had killed the deceased – Elements in the evidence which should create a doubt in favour of the appellant – Attitude of court thereto CRIMINAL LAW AND PROCEDURE:- Res gestae – Admissibility not objected to at hearing – Whether it can be objected to on appeal |
| OBI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Robbery – Corroboration – Evidence of accomplice – Jury advised on issue of evidence of accomplices – Rightly done by Judge. |
| OBIASA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Confession – Duty of court to test the truth of same CRIMINAL LAW AND PROCEDURE:- Doubt in evidence of witness of prosecution – To be resolved in accused’s favour |
| OBIDIOZO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Armed robbery – Confession – Admissibility of – allegation of involuntariness – Need for trial within trial to determine admissibility – Principles applicable – Sections 27 and 28, Evidence Act – Sentence of death by hanging passed by trial Judge – Whether court competent to prescribe mode of execution – Section 1 (2)(3) Robbery and firearms Decree 1970 |
| OBIODE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Proof of crime – Onus on prosecution to prove case beyond reasonable doubt – Defence – Alibi — Standard of proof required to establish defence of alibi-based on balance of probabilities. CRIMINAL LAW AND PROCEDURE:- Evidence -Whether trial judge may accept part of testimony of witness and reject the rest. |
| OBIYOMI V. JOLOKO | CRIMINAL LAW AND PROCEDURE:- Perjury – Criminal Procedure Ordinance, sections 2 and 63 – Summary conviction offence – Whether a felony under section 118 of the Criminal Code – Private prosecution for perjury – Defendant consenting to summary trial – Whether time limit of six months applies |
| OBODO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Membership of a murder cult/society – Refusal to carry out agreed order – Liability of such member so refusing – Members present when murder carried out – Members participating in unlawful cover-up of murder – Section 32, Criminal Code – Application of CRIMINAL LAW AND PROCEDURE- Murder- Participes criminis – Degree of liability – How proved – legal effect |
| OBODO AND ANOTHER V. OGBA AND OTHERS | |
| OBOT V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- What prosecution must prove in a charge of murder |
| OBUE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Circumstantial Evidence – Accused apprehended few days after »under – No satisfactory evidence of articles found on accused as being that of deceased – Confessional Statement – No test conducted on veracity of statement – Statement confirmed before superior police officer – Procedure laid down for recording confessional statements |
| OBUERO V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of insanity – Burden of proof – When is burden discharged CRIMINAL LAW AND PROCEDURE:- Murder- Defence of insanity – Proof of – Burden on the defence CRIMINAL LAW AND PROCEDURE:- Murder – Defence of insanity – Section 28 of Criminal Code – What must be proved |
| OBUMSELU V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Failure to use all reasonable means to prevent the actualization of an intention to procure miscarriage through the permission of the use of force or other means to be administered or used on pregnant person contrary to Section 515 of the Criminal Code – Neglect to prevent a felony – Principles applicable |
| OCHE MATTEW V. THE STATE | CRIMINAL LAW AND PROCEDURE – MURDER – PRESUMPTION OF INTENTION:- Proof – When a court would draw the requisite presumption of intentions required to convict a person for murder – Relevant considerations |
| ODE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder contrary to s.221 Penal Code – Seventeen years old alleged to have killed her child – Allegation of involuntary confession – S.28 Evidence Act – Uncertainties as to medical evidence on post-mortem – Scope of Children and Young Persons Law, Cap. 21, Laws of Northern State of Nigeria 1963 – How treated |
| ODEN AND ORS. V. FEDERAL REPUBLIC OF NIGERIA | CRIMINAL LAW AND PROCEDURE:– Section 10(c) and (d) of National Drug Law Enforcement Agency Act – Ingredients of the offences created thereunder – Sentences prescribed for offences thereunder. CRIMINAL LAW AND PROCEDURE – Section 179(1) of Criminal Procedure Act – Power of court to convict an accused for a lesser offence – How treated CRIMINAL LAW AND PROCEDURE – Section 10(5) of Special Tribunal Miscellaneous Offences Act – Power of court to convict an accused for another offence established by evidence other than the offence with which he was charged thereunder. |
| ODEWARA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Charge of entering a land which is in actual and peaceable possession of another, in a manner likely to cause a breach of the peace or reasonable apprehension of breach of the peace under section 74 of the Western Nigeria Criminal Code Law – How proved – Whether necessary to prove title or ownership of land – Need for such conduct to be provocative or involve a show of force |
| ODIDIKA AND ANOTHER V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Armed Robbery contrary to “Robbery and Firearms (Special Provisions) Decree 1970” – Defence of Alibi – Age of accused at time of commission of offence – Effect on death sentence. |
| ODO NWOBE V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Evidence – Voluntary confessions –Statements made voluntarily and properly proved – Whether is conclusive evidence of the guilt of the accused – Relevant considerations CRIMINAL LAW AND PROCEDURE:– Charge of murder – Confessional Statements – How determined – Applicable principles – Confessional statements of commission of murder – Where plea of self-defence is upheld – whether the confessional statement are thereby admissible. |
| ODOFIN BELLO V. THE STATE | |
| ODU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Forgery – Proof of – Signing in false name – making material additional – Stealing – Stealing a cheque – Attempting to steal amount of cheque – Proper treatment of |
| ODUAK DANIEL JIMMY V. STATE | CRIMINAL LAW AND PROCEDURE – MURDER:- Offence of murder- Ingredients of CRIMINAL LAW AND PROCEDURE – MURDER – DEFENCES:- – Defence of accident – Defence of self defence – What accused must establish to avail himself of the defence of self-defence – Whether as the assailant, it is incomprehensible for the appellant to attempt to hide under the canopy of self defence or accident – Whether deliberate act of an appellant which instigating a fight also negatives the defence of self-defence – Relevant considerations CRIMINAL LAW AND PROCEDURE – CRIMINAL LIABILITY OF AN ACCUSED PERSON:- Principle that the appellant is only liable for his intentional acts – Combined effect of Sections 24 and 316 of the criminal code – Whether appellant is absolved from criminal liability once evidence reveals that his act of killing the deceased, which would otherwise be criminal, is unintended |
| ODUBANJO V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Accomplice – Evidence of – How regarded. CRIMINAL LAW AND PROCEDURE:- Co-accused – Evidence of – How regarded – Section 177(2) Evidence Act |
| ODULERE V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Forgery and Uttering – Whether it is necessary to call person whose signature was forged |
| ODUMADE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Common intention – Principal in the second degree – Liability of |
| ODUNSI V. THE STATE II | CRIMINAL LAW AND PROCEDURE:- Fraud – False accounting – Essential ingredient – Whether prosecutor must prove intention to defraud not merely wrong accounting |
| ODUNSI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Conviction for unlawful carnal knowledge of a girl without her consent – Burden of proof on prosecution – Alibi – Duty to take into consideration the fact that the prosecution adduced no evidence of any sort about the “Check” – Material contradictions in the case of prosecution – Proper evaluation of the evidence disclosing reasonable doubt as to who committed the rape – Whether accused ought to have been given the benefit of doubt |
| OFIM V. THE QUEEN II | CRIMINAL LAW: Murder – Corroboration required to sustain charge of murder |
| OFIM V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Cult killing – Odozi-Obodo Cult menace – Proof – Relevant considerations – How treated |
| OFOHA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Section 319(1) of Criminal Code – Defence of provocation – Act of revenge or retaliation. |
| OFOKE NJOKU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Defences – Defences of accident and provocation – On whom onus ties – How onus discharged CRIMINAL LAW AND PROCEDURE:- Defences -Defence of self defence – When it will avail an accused person CRIMINAL LAW AND PROCEDURE:- Defences – Duty on court to consider all defences available to an accused person whether trivial or not CRIMINAL LAW AND PROCEDURE:- Defences – Provocation – Possession of a matchet by deceased without evidence of use – Whether amounts to provocation – Whether entitles the accused person to self defence. |
| OFUDUMENYA V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Abusive words – Where particular abusive words not stated – Whether conclusive provocation can be drawn therefrom CRIMINAL LAW:- Murder – Long delay in trial after arrest of offender – Impropriety of. |
| OGBALI V. STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof – Scope of Section 8 of the Criminal Code of Anambra State. CRIMINAL LAW AND PROCEDURE:- Parties to offences – Murder – Common intention – Unlawful assault on deceased by crowd including appellants – Death of deceased the probable consequence of injuries inflicted thereby on him – Liability of appellants as principal offenders – Convictions re-affirmed |
| OGBAMGBA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Information charging murder – Error in date of murder stated therein – Whether material to necessitate amendment |
| OGBE V. THE CHIEF JUSTICE E.C.S. | |
| OGBODU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Whether prosecution is bound to call all witnesses – Whether more unlawful killing amounts to manslaughter – Amendment of proof of evidence distinguished from amendment of charge – Need to comply with 5.164 and 5.165 of C.P.L. – Exercise of discretion – Matters to consider – Failure to allow accused to re-open case to call additional witnesses |
| OGBOMOR V. STATE | CRIMINAL LAW AND PROCEDURE:- Conspiracy to rob, contra section 3A(B), Robbery and Firearms Act 1970 – Misdescription of existing law – Effect, where no miscarriage of justice is occasioned. CRIMINAL LAW AND PROCEDURE:- Procedural irregularity – Defective charges – Misdescription of the statute in the charge – Whether amounting to charge under non-existing law – Prohibitions against charges under non-existing laws – Sections 33(8), (12) 1979 Constitution and sections 4 and 11 of the Criminal Code Act – Effect and meaning of – Power of trial judge to amend charges – Sections 162 and 163, Criminal Procedure Act – Robbing – Contra s.l(2)(a) Robbery and Firearms Act, 1970 instead of.: Robbery and Firearms (Special Provisions) Decree, 1970 – Misdescription – Where no miscarriage of justice is occasioned and where accused is not misled – Effect |
| OGBU V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Evidence of co-accused against co-accused – Attitude of court. CRIMINAL LAW AND PROCEDURE:- Official corruption – Go-between in bribe transaction – Whether can be convicted as aider and abetter – Ignorance as defence to a charge that what was done was corrupt – Whether valid |
| OGBU V. THE STATE I | CRIMINAL LAW AND PROCEDURE:- Murder – Father-Killing – Proof of – Contradictions in evidence of witnesses of prosecution – Whether amounts to disparagement of the witnesses – Confessional statement of accused – Weight attached thereto – Conviction based on it – When valid CRIMINAL LAW AND PROCEDURE:- Murder – Medical evidence in proof of – Relevance of – Where not produced – Whether fatal to prosecutions case where cause of death is obvious CRIMINAL LAW AND PROCEDURE:- Plea of insanity under section 28 of the Criminal Code – Defence of insanity or insane delusions under – Whether belief in Spirit and their power to prompt a person to commit a crime against his will suffices – Whether evidence by the accused of his own mental state is usually suspect and not reliable for establishing his insanity |
| OGBU V. THE STATE II | CRIMINAL LAW AND PROCEDURE:- Common intention to prosecute unlawful purpose – How established- Whether can be inferred from circumstances of the case – Whether express agreement of tire accused persons need be proved CRIMINAL LAW AND PROCEDURE – Culpable homicide punishable with death -Ingredients of |
| OGBUEGBE ALIECHEM V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Deceased dealt a vicious matchet blow by his friend on suspicion of being a thief – Where accused person gave deceased no chance to answer his challenge before blow – Whether murder or manslaughter |
| OGEDENGBE MACAULAY V. INSPECTOR-GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- False pretences – Criminal Code, sections 419 and 420 -Allegation of obtaining a sum of money – Money paid by cheque – False representation as to ability to influence certain Councillors – Criminal Procedure Ordinance, sections 167 and 168 – How treated |
| OGEIKPA V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of provocation – Circumstances in which it can be upheld |
| OGHARU V. THE QUEEN | CRIMINAL LAW:- Murder by lynching – Killing ordered by community’s council of elders against deceased who kidnapped and sold a child – Attitude of courts thereto |
| OGHOLOJA V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Conditions under which an accused person who pleaded guilty to a charge and was convicted could appeal against conviction — Circumstances under which appellate Court will interfere with sentence |
| OGIDI AND ORS. V. THE STATE I | CRIMINAL LAW AND PROCEDURE:- Armed robbery offence – Duty of prosecution – ingredients required to prove same under section 1(2)(a) of the Armed Robbery Act – Section 138(1) of the Evidence Act considered – How treated CRIMINAL LAW AND PROCEDURE:- Doctrine of recent possession – Nature and effect – Whether can be used merely as contributory evidence, strengthening the main one CRIMINAL LAW AND PROCEDURE – CIRCUMSTANTIAL EVIDENCE:- Nature of – Whether piece of circumstantial evidence, which, standing on its own, may not suffice for conviction could, in conjunction with other pieces of evidence, acquire potent relevance |
| OGIDI AND ORS. V. THE STATE II | CRIMINAL LAW AND PROCEDURE:- Armed Robbery – Burden of proof on prosecution – How discharged CRIMINAL LAW AND PROCEDURE:- Proof of crime – Duty on court to consider totality of evidence – Circumstantial evidence – what must be shown to ground conviction – attitude of court to circumstantial evidence CRIMINAL LAW AND PROCEDURE:- Proof of crime – Evidence – Lying by accused – Whether relieves prosecution of burden to discharge burden of proof required to ground conviction |
| OGU V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Power of trial court to convict under S.2I7 of Criminal Procedure Code – How exercised CRIMINAL LAW AND PROCEDURE:- Stealing – Cheque obtained by fraud converted to money – Whether such receipt of proceeds constitutes stealing or false pretences |
| OGUBUIKE V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Charges – Validity of a joinder of manslaughter and reckless driving in the same information |
| OGUCHE V. ILIYASU | |
| OGUGU V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Execution of sentence – Accused changed with commission of capital offence – Need to prosecute and ensure execution after sentence without delay CRIMINAL LAW AND PROCEDURE:- Addresses – Reply of prosecution’s counsel – Right of the accused to reply – Duty of court thereto CRIMINAL LAW AND PROCEDURE – Capital offences – Right of accused to counsel – Denial of accused of the right – When fatal |
| OGUNBANJO V. THE STATE | CRIMINAL LAW AND PROCEDURE:– Murder – death of wife and son – Defence of insanity – How proved |
| OGUNBAYO V. THE STATE | |
| OGUNDELE V. FASU | |
| OGUNDOWOLE V. C.O.P. | |
| OGUNLANA V. STATE | CRIMINAL LAW AND PROCEDURE:- “Property” under Part 30, Criminal Procedure Law of Lagos State – Meaning and Scope of CRIMINAL LAW AND PROCEDURE:- Accomplices – Meaning and Scope of – Relevant considerations. CRIMINAL LAW AND PROCEDURE:- Contradiction in prosecution’s case – When material – When not material – Effect. |
| OGUNLEYE V. STATE | CRIMINAL LAW AND PROCEDURE – Confessional statement – Evidence of deceased’s daughter – Whether can amount to corroboration thereof. CRIMINAL LAW AND PROCEDURE – Criminal responsibility – Causation – Principle of. CRIMINAL LAW AND PROCEDURE – Defences – Non est factum – Plea of – Whether applicable in criminal cases. CRIMINAL LAW AND PROCEDURE – Murder- Cause of death – Medical evidence – When unnecessary. CRIMINAL LAW AND PROCEDURE – Proof – Evidence of a single witness – Whether sufficient. |
| OGUNREMI V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Rape prosecution – Charge of accused person under wrong section of the law – Request by prosecution after all evidence had been taken to amend information as to reflect the correct section – Amendment made without objection from accused person – Judge recording that he though it unnecessary to take fresh plea since information brought no fresh charges – Whether procedure contrary to section 164 Criminal Procedure Ordinance – How treate |
| OGWA NWEKE ONAH V. THE STATE | CRIMINL LAW AND PROCEDURE:- Murder – Proof of – Circumstantial evidence –Need to link accused with murder through evidence of some positive act or negative omission of the appellant which caused injury to the deceased, and that the death of the deceased was the direct result of that injury or those Injuries – Effect of failure thereto CRIMINL LAW AND PROCEDURE:- Murder – Defence of insane delusion – Whether the defence is only necessary after accused is held responsible for the killing of deceased person |
| OHAKA V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Possession of poison – Statute making it an offence for one who is not a pharmacist to be in possession – Exception provided for – Whether duty on prosecution to prove the exception or on the accused. CRIMINAL LAW AND PROCEDURE:- Statute placing onus of proof on an accused – Proof of on a balance of probabilities. |
| OHAMUO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Motive – Whether required for proof thereof Plea of Insanity – Disorder of thought – Whether same as insanity. |
| OHANYERE V. INSPECTOR GENERAL OF POLICE | CRIMINAL LAW AND PROCEDURE:- Charge of conduct likely to cause breach of the peace – Consent of accused not sought- Whether charge is an indictable offence. |
| OHUKA AND OTHERS V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Appeals in murder cases – Time within which to appeal – Section 31(l) AND 2 – Supreme Court Act, 1960 – Power of Court to extend time within which to appeal – Section 31(4) Supreme Court Act, 1960 – Notice of dismissal of appeal to appellants – Duty of Registrar (C. A.) where appellant absent in Court – Order 4 Rule 25(1), Court of Appeal Rules, 1981, default of notice by registrar – Effect – When appeal is deemed to have commenced – Giving of notice and filing of notice – Effect/distinction – Persons in custody – Effect. |
| OHUNYON V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Onus on prosecution – Whether can be discharged upon evidence of a single witness. CRIMINAL LAW AND PROCEDURE:- Witnesses – Duty on prosecution to call witnesses – Evidence of a single witness-When sufficient to prove conviction – When not sufficient. |
| OJE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Identification of accused person – When doctrine of Participes criminis applies |
| OJEGELE V. THE STATE | CRIMINAL LAW AND PROCEDURE:-. Murder – Claim that confessional statement made involuntarily – Duty of trial court to hold “Trial – Within Trial”. |
| OJO V. THE STATE | CRIMINAL LAW AND PROCEDURE – APPEAL:-Murder- Proof of – Defences – Insanity – Where Court misapprehended “partial delusion” for “black-out” – Whether fatal to conviction based thereon |
| OJO ADEYEYE V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Offence of murder- Ingredients of- Defence of self defence – How determined – Guiding principles of – Requirements appellant must satisfy CRIMINAL LAW AND PROCEDURE – SELF DEFENCE:- Basis for legal right to kill in self-defence – Whether the legal right to kill in self-defence cannot be made dependant upon the temperament or phlegmatic nature of the individual killer – Standard for the exercise of the legal right to kill – Necessity that the accused must face imminent apprehension of death or grievous harm from the victim |
| OJO OGBEMUDIA EHOLO V. J. B. EKHATOR | |
| OJO V. QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Defence of Insanity – Must be supported by evidence before the court. |
| OJO V. THE QUEEN | CRIMINAL LAW AND PROCEDURE:- Murder – Proof of – Corroboration – Whether an accessory after the fact is an accomplice CRIMINAL LAW: Prosecution witness’s statement to police – Proper use thereof CRIMINAL LAW: Re-trial – Principles applicable – Section 11(2), Federal Supreme Court (Appeals) Ordinance. |
| OJO V. THE STATE | CRIMINAL LAW AND PROCEDURE:-Criminal Appeal – Murder- When conviction not exclusively based on defence raised by accused – Other defences considered by Appeal Court – Insanity- Parties delusion. |
| OJOJO V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Murder – Appeal – Need for notice of appeal to be signed and filed within stipulated time – Whether Supreme Court has power to extend period of 30 days within which appeal may be brought Supreme Court Act s. 31 (2); 31 (4) |
| OJOMA V. QUEEN | CRIMINAL LAW AND PROCEDURE:-Murder – Joint trial – Where conviction of one co-accused person is secured based on own confession and plea of guilty – Effect of acquittal of other co-accused person even where wrongful – Whether confessional evidence of convict is not evidence accused co-accused persons |
| OKA V. THE STATE | CRIMINAL LAW AND PROCEDURE: – Unlawful Killing – Murder contrary to section 316 of the criminal code – Burden on prosecution to prove ingredient of the charge either by direct or circumstantial evidence – When deemed not discharged – Effect thereof CRIMINAL LAW AND PROCEDURE: – Murder – Evidence required to prove same – Where Appellant and his wife were the only two eye witnesses of the incident – Where evidence of wife and appellant are rejected by court with no other taking its place – Whether reduces to no proof of unlawful killing as required under 5.316 Criminal Code – Where appellant nevertheless convicted – Duty of appellate Court thereto |
| OKABICHI V. THE STATE | CRIMINAL LAW AND PROCEDURE:- Culpable homicide punishable with death – Criminal Law of Northern States – Penal Code Section 221 – Corroboration by young girl with no understanding of the nature of an oath – Substitution of another conviction for offence not charged on appeal – Proper treatment of |
| OKAFOR V. COMMISSIONER OF POLICE | CRIMINAL LAW AND PROCEDURE:- Corroboration – Where no item of evidence taken singly implicates the defendant |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
