WAHABI S. OLANREWAJU VS THE GOVERNOR OF OYO STATE & ORS
July 10, 2025CEDRIC MOSS & ORS VS KENROW (NIGERIA) LIMITED & ORS
July 10, 2025Legalpedia Citation: 1992-12) Legalpedia 28593 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Dec 11, 1992
Suit Number: SC 79/1992
CORAM
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
U. OMO JUSTICE, SUPREME COURT
A.B. WALI JUSTICE, SUPREME COURT
E.O. OGWUEGBU JUSTICE, SUPREME COURT
I.L. KUTIGI JUSTICE, SUPREME COURT
PARTIES
BONIFACE PETERS
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
OFFENCE OF MURDER
SUMMARY OF FACTS
Four accused persons were jointly charged on information with the offence of murder. The learned counsel for the 1st, 3rd and 4th accused adopted the prosecution’s case and relied on it in the event of their submission being overruled. The submissions in respect of the 1st, 2nd and 4th accused were overruled while that of the 3rd accused was upheld. The 3rd accused was accordingly discharged at that stage. The trial Judge found the 1st and the 4th accused persons guilty of the murder and were both condemned to death by hanging. The case against the 2nd accused was not proved. Aggrieved by the decision, accused appealed to the Court of Appeal against their conviction and sentence. The Court of Appeal dismissed the appeals. Still not satisfied with the judgment of the Court of Appeal, the accused appealed to the Supreme Court.
FRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12
HELD
The appeal failed and was dismissed. The judgment of the Court of Appeal was affirmed.
ISSUES
Whether the lower court was right in holding that the 4 additional grounds of appeal were incompetent/untenable and in failing to consider the several issues of fact and law arising therefrom before dismissing the appeal?
Whether lower court was right in failing to hold that the 1st appellant’s no case submission made at the trial court was wrongly overruled?
Whether the case against the appellants was proved beyond reasonable doubt to justify the lower court in confirming the conviction and sentence of the appellants.
RATIONES DECIDENDI
DUTY OF THE COURT ON FILING OF AN APPEAL AND EVERYTHING CONNECTED TO IT
“It is of utmost Importance that when applications for leave to file and argue additional grounds of appeal or for leave to argue grounds of law and mixed facts and law or facts alone are being entertained, the court should scrutinize the grounds and satisfy itself that such grounds of appeal are competent.” Per OGWUEGBU, JSC
CASES CITED
STATUTES REFERRED TO
