MICHAEL YUSUF & 2 ORS V MR. SAMUEL AFOLABI TOLUHI
May 28, 2025SENATOR HOSEA EHINLANWO V CHIEF OLUSOLA
May 28, 2025Legalpedia Citation: (2008-06) Legalpedia (SC) 17150
In the Supreme Court of Nigeria
Fri Jun 27, 2008
Suit Number: SC. 79/2007
CORAM
GEORGE ADESOLA OGUNTADE, JSC,JUSTICE, SUPREME COURT
FRANCIS FEDODE TABAI, JSC,JUSTICE, SUPREME COURT(Lead Judgment)
GEORGE ADESOLA OGUNTADE, JSC,JUSTICE, SUPREME COURT
FRANCIS FEDODE TABAI, JSC,JUSTICE, SUPREME COURT(Lead Judgment)
PIUS OLAYIWOLA ADEREMI, JSC JUSTICE, SUPREME COURT.
GEORGE ADESOLA OGUNTADE, JSC,JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JSC,JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE, JSC,JUSTICE, SUPREME COURT
PARTIES
OKOLO OCHEMAJE APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was convicted for murder on the uncontroverted evidence of prosecution witnesses who testified that the appellant was one of those who attacked and killed the deceased. The body of the deceased was not found as it was allegedly thrown into River Niger
HELD
The Court held that there were no material contradictions in the case of the prosecution to render the conviction of the Appellant unsafe and dismissed the appeal.
ISSUES
1. Whether there are such material contradictions in the case of the prosecution which render it unsafe to sustain the conviction of the Appellant?
2. Whether the Appellant’s defence of alibi was adequately considered and rightly rejected by the Courts below?
3. Whether the prosecution proved the death of the deceased beyond reasonable doubt having regard to the facts and circumstances of this case?
RATIONES DECIDENDI
WHETHER A PERSON CAN BE CONVICTED FOR MURDER IF THE BODY OF THE DECEASED WAS NOT FOUND
The absence of a corpus delicti notwithstanding a person can still be convicted for murder if there is strong unequivocal and compelling evidence that the victim of the alleged crime is dead – Tobi J.S.C.
DUTY TO INVESTIGATE ALIBI, WHETHER MATERIAL IN EVERY CASE
Where there is credible positive evidence fixing the accused at the scene of crime at the material time, the plea of alibi is destroyed … it is not every failure of the Police to investigate an alibi raised by an accused person that is fatal to the case of the prosecution- Tabbai J.S.C
CREDIBLE EVIDENCE OF THE CHILDREN OF THE DECEASED CAN BE RELIED ON TO PROVE MURDER
It is not the law that evidence of children of a deceased should not be believed merely because of their relationship with the deceased. If the evidence is credible a trial Judge cannot disbelieve the evidence merely because the deceased was their father- Tobi J.S.C
CASES CITED
1. Ayinde v. State (1972) 3 SC 153 at 158-1592. Joseph Ogundipe & Ors v. The Queen 14 WACA 4583. Edim v. State (1972) 4 SC 160 at 162 4. Patrick Njovens & Others v. The State (1973) 5 SC 12 at 475. Ogba v. The State (1992) 2 NWLR (Pt.222) 1646. Okonji v. State (1987) 1 NWLR (Pt. 52) 6597. Omonga v. The State (2006) 14 NWLR (Pt. 1000) 5328. Onubogu & Anor v. The State (1974) ALL NLR 5619. Onuchukwu v. The State (1998) 4 NWLR (Pt. 547) 570
STATUTES REFERRED TO
NONE
