EDEM EKPENYONG & 3 ORS VS CHIEF AKIBA ETOK AYI & ANOR
August 15, 2025PATRICK NJOVENS & ORS VS THE STATE
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri May 4, 1973
Suit Number: SC. 213/1972
CORAM
COKER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
JAMES UBAALEXANDER OKAFORBONIFACE ADIBEALFRED UDOAGBADOCELESTIAN CHUKWU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with the murder of his brother. Their father who is late left two farmlands for them. The appellant in connivance with the other appellants killed the deceased.
HELD
The court held that the appeals is dismissed and their conviction was affirmed.
ISSUES
Whether discrepancies in the evidence of prosecution witnesses can be sufficient to upset a finding of guilt.
RATIONES DECIDENDI
WHEN FINDING OF FACTS BY A TRIAL COURT CAN BE DISTURBED
Finding of facts by a trial court will not be disturbed unless there is perverse finding or a miscarriage of justice has occurred thereby – Per JSC. Sowemimo .
PROOF OF FACT OF DEATH
It has been held in many decided cases. That the fact of death is provable by circumstantial evidence notwithstanding that neither the body nor any trace of the body could be found. – Per Sowemimo JSC.
CASES CITED
STATUTES REFERRED TO
Criminal Code
