CORAM
ESO, JUSTICE SUPREME COURT
ANIAGOLU, JUSTICE SUPREME COURT
KAZEEM, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
ABEKE ONAFOWOKAN
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CONVICTION ON MURDER
SUMMARY OF FACTS
The appellant was the 1st Accused person at the trial. She and her daughter, who was then the 2nd Accused person, were convicted at the High Court for murder. They were both sentenced to death. On an appeal against those convictions to the Court of Appeal, the appeal of Adesunbo, the daughter, succeeded on the ground that the case against her was not proved beyond reasonable doubt, and her conviction was quashed. She was thereafter acquitted and discharged. The mother further appealed to the Supreme Court against the decision of the Court of Appeal.
HELD
The appeal was allowed. The appellant’s conviction was set aside and she was discharged and acquitted.
ISSUES
Having disregarded the evidence of P.W.2, will it be safe to rely on the evidence of P.W.4 and that portion of the evidence of P.W.2 incriminating the appellant, in convicting her?
RATIONES DECIDENDI
THE BURDEN OF PROVING THAT ANY PERSON HAS BEEN GUILTY OF A CRIME OR WRONGFUL ACT
“It is a cardinal principle of our criminal law that in all cases, the burden of proving that any person has been guilty of a crime or wrongful act, subject to certain exceptions (which are not applicable here,), is on the prosecution; And If the commission of a crime is directly in issue in any civil or criminal proceedings, it must be proved beyond reasonable doubt.” Per KAZEEM, J.S.C
PROOF OF GUILTY BEYOND REASONABLE DOUBT
“It should be remembered that the law requires the guilt of an accused person to be proved beyond reasonable doubt; and that if there is any lingering doubt, the accused person must be given the benefit of that doubt.” Per KAZEEM, J.S.C
CASES CITED
R v Basil Ranger Lawrence (1932) 11 N.L.R. 6
STATUTES REFERRED TO
Not Available