OLABISI WILLIAMS VS ALHAJI RABIU BUSARI
August 15, 2025JAMES ULUBA & CO VS CHIEF E.E. SILLO & CO
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 09972
In the Supreme Court of Nigeria
Fri Feb 9, 1973
Suit Number: SC. 320/1971
CORAM
COKER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
EMMANUEL UMEH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused/appellant was charged with murder having stabbed the deceased with knife, he was convicted of same. On appeal.
HELD
The court held that the appeal is dismissed and the judgment of the trial court is affirmed
ISSUES
1. Whether the defence of provocation and self defence can avail the accused person in spite of overwhelming evidence.
2. Whether on the evidence before the court, the accused should have been charged for manslaughter instead of murder.
RATIONES DECIDENDI
PROOF IN CRIMINAL CASES
In all criminal cases the onus is on the prosecution to prove its case beyond all reasonable doubt. Per- Coker JSC.
CASES CITED
Ogbu Nwagu vs. The State (1966) 1 ALL NLR 213 at 214
STATUTES REFERRED TO
Criminal Code.
