MOHAMMED SANI ABACHA V. THE STATE
June 19, 2025CYPRAIN ONWUAMA V. LOUIS EZEOKOLI
June 19, 2025Legalpedia Citation: (2002) Legalpedia (SC) 74913
In the Supreme Court of Nigeria
Mon Feb 25, 2002
Suit Number: SC. 246/2001
CORAM
AKINTOLA OLUFEMI EJIWUNMI , JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
ANTHONY ISIBOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with armed robbery contrary to and punishable under section I (2)(a) of the Robbery and Firearms (Special Provisions) Decree (now Act) No.47 of 1970 as amended by the Robbery and Firearms (Special Provisions) (Amendment) Decree (Act) No.8 of 1974. The particulars of the offence were stated to be that on or about the 5th day of April, 1930 along Old Ife Road by the Express Way on Ibadan, the appellant armed with firearms, and in the company of other persons unknown, robbed one Alhaji Y.A. Afolabi of his Peugeot 504 car with registration No. OYB 2118 A valued at about N9,000.00 and a lady’s bag containing N600.00
HELD
The Appeal was dismissed.
ISSUES
(1) Whether or not the weight and quality of evidence adduced at the trial (court) and upheld by the lower court can sustain a sentence of death passed on the appellant.(2) Whether or not the lower court was right in evaluating the evidence obtained in Benin City which was outside the locus criminis at Ibadan as part of the direct evidence establishing the appellants guilt.”
RATIONES DECIDENDI
EFFECT OF CONTRADICTIONS IN TESTIMONY
It is well established that contradictions which do not affect the substance of the issue to be decided are irrelevant. The contradictions must be shown to amount to a substantial disparagement of the witness or witnesses concerned, making it unsafe to rely on such witness or witnesses: Per UWAIFO, JSC
DUTY OF TRIAL COURT IN ASSESSING EVIDENCE
It is normally within the province of the trial court, which has the advantage of hearing and watching witnesses testify, to assess their credibility. Per UWAIFO, JSC
CASES CITED
Arehia v. The State (1982) 4 SC 78Ahmed v. The State (2000)7 NWLR (pt.6 12) 641 at 672.Enahoro v. The State (1965) NSCC (vol.4) 98 at 113.Nasamu v. The State (1979) 6-9 SC 153 at 159Onafowokan v. The State (1986) 2 NWLR (pt.23) 496 at 497
STATUTES REFERRED TO
NONE
