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IBOKO & ORS. VS THE COMMISSIONER OF POLICE

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IBOKO & ORS. VS THE COMMISSIONER OF POLICE

Legalpedia Citation: (1965-06) Legalpedia 04448 (SC)

In the Supreme Court of Nigeria

Holden At Abuja

Fri Jun 25, 1965

Suit Number: SC 300/1964


CORAM


BAIRAMIAN CHIEF JUSTICE, SUPREME COURT

ONYEAMA JUSTICE, SUPREME COURT

AJEGBO JUSTICE, SUPREME COURT


PARTIES


IBOKO & ORS.

APPELLANTS 


THE COMMISSIONER OF POLICE

RESPONDENTS 


AREA(S) OF LAW


CRIMINAL LAW- PRACTICE AND PROCEDURE- APPEAL 

 


SUMMARY OF FACTS

The appellant filed an appeal on the grounds that the magistrate’s judgment is:-“Altogether unwarranted, unreasonable and cannot be supported having regard to the weight of evidence.”

 


HELD


The court dismissed the appeal. 

 


ISSUES


Whether a criminal appeal can be predicated on a ground challenging the weight of evidence 

 


RATIONES DECIDENDI


PROPER APPROACH TO FRAMING OMNIBUS GROUND OF APPEAL IN A CRIMINAL APPEAL


‘In so far as the appeal relates to the facts in a criminal case, the ground which may be advanced is that “having regard to the evidence adduced” the conviction was “unreasonable”.- Bairamian J.S.C

 


CASES CITED


Archbold (1962), para. 934.
Aladesuru v. R. [1956] A.C. 49
The Queen v. Omisade and others, 1964 N.M.L.R. p. 67, at p.78

 


STATUTES REFERRED TO



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