CORAM

ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI, JUSTICE, SUPREME COURT.

PARTIES

ABAYOMI OLALEKAN APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was charged with the murder of one Rabiu Kassim having forced his way into his house, also raping his wife, and taking with their household items. The Lower Courts convicted and his appeal to the Supreme Court was also dismissed.

HELD

The Court found no merit in the appeal, it affirmed the conviction for murder and sentenced of death imposed on the appellant.

ISSUES

Whether having regard to the identification of the Appellant, the confessional statement; non-consideration of Appellant’s defenses and then 1st PW as a tainted witness the Trial Courts properly tried convicted the Appellant, which judgment was affirmed by the Lower Court.

RATIONES DECIDENDI

CASES CITED

1. TURNBULL V. THE QUEEN (1976) 63 Criminal Appeal Reports 132 at P. 1372. STATE V. AIBANGBE & ANOR (1988) 3 NWLR AT PG. 5483. IGBI V. THE STATE (2000) FWLR 3584. R V. OGBUEGWU 12 WACA 4835. ZEMBA SHIVERO V. THE STATE (1976) ANLR 230; (1976) 10 NSCC 1976. THE QUEEN V. ZAKWAKWA 5 FSC 127. R V. ATTARD (1959) 43 CRIMINAL APPEA REPORT 908. R. V. GIDADO 6 WACA 60 AT 629. ISHOLA V. THE STATE (1978) 9-10 SC. 81 AT PG. 10010. MAILAYI V. THE STATE (1968) ALL NLR 117 AT 123?

STATUTES REFERRED TO

None

CLICK HERE TO READ FULL JUDGMENT