SHENA SECURITY CO. LTD. V AFROPAK (NIG.) LTD
May 30, 2025OSENI OMOMEJI & ORS V JAMES OLAGUNJU KOLAWOLE & ORS
May 30, 2025Legalpedia Citation: (2008-05) Legalpedia (SC) 81111
In the Supreme Court of Nigeria
Fri May 9, 2008
Suit Number: SC.111/2007
CORAM
MAHMUD MOHAMMED(Lead Judgment) JUSTICE, SUPREME COURT
MAHMUD MOHAMMED(Lead Judgment) JUSTICE, SUPREME COURT
SALIHU MOOIBBO ALFA BELGORE. JUSTICE, SUPREME COURT
MAHMUD MOHAMMED(Lead Judgment) JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, (Lead Judgment) JUSTICE, SUPREME COURT
SALIHU MOOIBBO ALFA BELGORE. JUSTICE, SUPREME COURT
MAHMUD MOHAMMED(Lead Judgment) JUSTICE, SUPREME COURT
PARTIES
ABDULLAHI ADA APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was arraigned before a Kogi State High Court as 2nd accused along with five others on a two count charge of criminal conspiracy and armed robbery, the appellant and his co-accused persons pleaded not guilty to each count of the charge. The learned trial Judge, found each of the accused persons guilty as charged. The appellant’s appeal to the Court of Appeal was dismissed.
HELD
The Supreme Court held that failure of the prosecution witnesses to indicate their recognition of the appellant at the earliest instances resulted in inadequate evidence, and raised a possible doubt in the prosecution’s case which must be resolved in favour of the accused.
ISSUES
1. Whether the Honourable Court of Appeal was right when it held that there was adequate identification evidence to arrive to an unequivocal conclusion that the appellant committed the robberies.2. Whether considering the circumstances of this case the Honourable Court of Appeal was right to have upheld the conviction and sentencing of the appellant by the trial court on the evidence before it.
RATIONES DECIDENDI
ATTITUDE OF COURT TOWARDS EYEWITNESS TESTIMONY
When eyewitness omits to mention at the earliest opportunity the names of the persons he said he saw committing an offence, a court must be careful in accepting his evidence given later and implicating other persons, unless a satisfactory explanation is given as to why the names were not mentioned before or at the earliest opportunity.Per S.A. AKINTAN, JSC
CASES CITED
1. Udeh v. The State (1999) 7 NWLR (Pt. 609) 1 at 252. Yekini Adeyoye v. Police (1959) WRNLR 100 at 1023. Police v. Alao (1959) WRNLR (Pt. 1) 394. Eyisi v. The State (2000) 15 NWLR (Pt. 691) 555 at 5875. R. v. Thurnbull (1976) 3 ALL ER 549.?
STATUTES REFERRED TO
NONE?
