CORAM

ELIAS CHIEF JUSTICE, NIGERIA

COKER JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT

PARTIES

ABAYOMI ADELENWA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The accused person who was a police officer was attached to custom officers in a an operation against smugglers. He and some other officers left their duty and went to the house of the deceased to extort money from them. In the process, a bullet was fired which resulted in the death of the deceased. Appellant was convicted of manslaughter.

HELD

The court held that there was no evidence to support the finding that it was the rifle of the appellant that fired the bullet that killed the deceased. He was discharged and acquitted.

ISSUES

Whether the decision of the court could be supported by evidence adduced at trial

RATIONES DECIDENDI

DUTY OF THE COURT TO CONSIDER THE EVIDENCE PRODUCED BEFORE IT

“We think it right to point out that it is the duty of the court to consider the evidence produced before it and never to proceed to indulge in speculation as to what might have happened; a judge should not substitute his own supposition for the testimony of witnesses given on oath before him.” Per ELIAS CJN

CASES CITED

STATUTES REFERRED TO

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