FEDERAL MORTGAGE BANK OF NIGERIA LIMITED V DESIRE GALLERY LIMITED & ANOR
June 13, 2025GODWIN SASI D. OGOLO & ORS V. CHIEF JOSEPH TUMINI OGOLO & ORS
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 96112
In the Supreme Court of Nigeria
Fri Dec 12, 2003
Suit Number: SC. 272/2002
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
ABAINTA OKENDU UBANICHIJIOKE UBANIGABRIEL CHIKEZIE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were charged for murder on the circumstantial evidence of witnesses who did not mention the name of the 3rd appellant.
HELD
The court confirmed the conviction of the 1st and 2nd appellants but allowed the appeal of the 3rd appellant, discharged and acquitted him.?
ISSUES
Was the charge of murder proved whether by direct or circumstantial evidence.”Whether the Court of Appeal was right in confirming the conviction of the 3rd Appellant for murder on the basis of the evidence led at the trial.
RATIONES DECIDENDI
CIRCUMSTANTIAL EVIDENCE MUST BE CONCLUSIVE
For circumstantial evidence to ground a conviction, it must lead only to one conclusion, namely, the guilt of the accused person but where there are other possibilities in the case than that it was the accused who committed the offence and that others other than the accused had the opportunity of committing the offence with which he was charged such accused person cannot be convicted of murder. Per Edozie J.S.C.
MEDICAL REPORT COULD BE USED TO PROVE THE CAUSE OF DEATH
To establish cause of death, the position of the law is that much as medical evidence is desirable, it is clearly not a sine qua non as cause of death may be established by sufficient, satisfactory and conclusive evidence other than medical evidence showing beyond reasonable doubt that the death in question resulted from the particular act of the accused person. PerEdozie J.S.C.
WHAT THE PROSECUTION MUST PROVE TO ESTABLISH MURDER
It is settled beyond controversy that to secure a conviction on a charge of murder, the prosecution must prove (a) that the deceased had died (b) that the death of the deceased was caused by the accused and (c) that the act or omission of the accused which caused the death of the deceased was intentional with knowledge that death or grievous bodily harm was its probable consequence. Per Edozie J.S.C.
CASES CITED
Ogba V. The State (1992) 2 N.W.L.R. (Pt. 222) 164Esai& 3 ors. V. The State (1976) 11 SC. 39.Adekunle V. The State (1989) 5 N.W.L.R. (Pt. 123) 505 at 516.Oko Agwu Azu V. The State (1993) 6 N.W.L.R. (Pt. 291) 303; Akpuenye V. The State (1976) 11 SC 269 and 278, Lovi V. The State (1980) 8-11 SC 81 at 97; \Edem V. The State (1972) 4 SC. 160, Essien V. The State (1984) 3 SC 14 at 18, Adekunle V. The State (1989) 5 N.W.L.R. (Pt. 123) 505 at 516
STATUTES REFERRED TO
NONE
