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ADELAKUN AYINDE & ORS VS THE STATE

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ADELAKUN AYINDE & ORS VS THE STATE

Legalpedia Citation:

In the Supreme Court of Nigeria

HOLDEN AT LAGOS

Wed Mar 29, 1972

Suit Number: SC 787/1971

CORAM


MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

UDOMA

P. NNAEMEKA-AGU, JUSTICE, SUPREME COURT


PARTIES


ADELAKUN AYINDE & ORS APPELLANTS


THE STATE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellants are charged with the murder of one olubodun, the deceased. In their statement to the police they confessed to attacking some Egbas, including the deceased on a farm, but later denied same and said the statements they gave to the police were not voluntary. The corpse of the deceased was not found at the time of hearing.


HELD


The Supreme Court dismissed the appeal.


ISSUES


1. That the corpus delicti was not found and it was therefore unsafe to convict the appellants of the murder of Olubodun; and 2. That the evidence which the trial Judge had accepted must be regarded as non-cumulative and inconclusive inasmuch as all the principal witnesses were members of the same community.


RATIONES DECIDENDI


CASES CITED


Joseph Ogundipe & Others v. The Queen 14 WACA 485


STATUTES REFERRED TO


None.|


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