JOHN OREIKE ANYAKWO V. AFRICAN CONTINENTAL BANK LTD
August 8, 2025METALIMPEX VS LEVENTIS & CO. (NIGERIA) LTD
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 61853
In the Supreme Court of Nigeria
Fri Feb 27, 1976
Suit Number: SC. 74/1975
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
NASIR, JUSTICE, SUPREME COURT
PARTIES
MUSA ATEJI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was engaged in a dispute with the deceased on a particular day. They both used cane on each other. After they were separated, the accused was alleged to have come back through the backyard and attacked the deceased with a hoe handle. The deceased fell and later died.
HELD
The trial court has failed to properly evaluate the evidence adduced by the accused person vis-à-vis the contradictions in the case the prosecution.
ISSUES
Whether the prosecution could be said to have proven the guilt of the accused beyond reasonable doubt.
RATIONES DECIDENDI
DISCLOSURE OF DEFENCE
While it is legitimate in a suitable case for a trial court to make observations on the failure of the accused person to disclose his line of defence at the earliest opportunity, nevertheless, the observations should be made with care and fairness to the accused person in all the circumstances of the case … NASIR, JSC
CASES CITED
Christopher Onubogu & Anor. v. The State (1974) 9. SC.1
STATUTES REFERRED TO
Section 221(b) of the Penal Code of Kwara State
