HON. MUYIWA INAKOJU (IBADAN SOUTH EAST) & ORS V HON. ABRAHAM ADEOLU ADELEKE & ORS
June 4, 2025ADO IBRAHIM & COY. LTD. VS BENDEL CEMENT COY. LTD
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 11911
In the Supreme Court of Nigeria
Fri Jan 12, 2007
Suit Number: SC. 220/2005
CORAM
PARTIES
ADEBOYE IBIKUNLE APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, a Police sergeant on the 21/5/2001 used unreasonable force in the arrest of an alleged armed robber, whose identity was mistaken and which led to his death. The appellant trial ended in conviction and sentence to death by hanging his appeal to the Supreme Court was dismissed.
HELD
The law is trite that findings that are borne out of credible evidence must not be disturbed by an appellate court, and an appellate court will not ordinarily interfere with such findings unless they are perverse or not supported by credible evidence. See Enang v. Adu, Theophilus v. State and Igbi v. The State.
ISSUES
Whether in the circumstances of this case, the Appellant who admitted that he killed the deceased, used such force beyond the extent and contrary to the circumstances permitted by law.
RATIONES DECIDENDI
WHETHER A POLICEMAN HAS THE POWER TO EXECUTE A PERSON FOR REFUSING HIM INGRESS INTO AN APARTMENT
Section 7(1)(2) of the Criminal Procedure Law does not permit the policeman to execute any person who refuses him ingress into an apartment that he believes a suspect has entered – Succinctly put, the provisions of the section do not permit the Appellant to summarily execute any person who refuses to allow him free ingress into an apartment that he believes a suspect has entered.
NEMO JUDEX IN CAUSA SUA
The law does not permit or license any person, be he a policeman or soldier or otherwise to be the complainant, investigator, judge and executioner all at the same time.
CASES CITED
1. Durugo v. State (1992) 7 NWLR (Pt.255) 525 at 535, para.F.
2. Eholor v. Osayande (1992) 6 NWLR (Pt.249) 524 at 548, para. D-F3. Effiom v. The State (1995) 1 NWLR (Pt.373) 507 at 640, para D-E4. Irek v. State (1976) 4 S.C 65 at 68 5. Inakeru v. The State (1984) 9 S.C 17 at 19?
STATUTES REFERRED TO
1. Section 33(2)(b) of the 1999 constitution
2. Section 7(1)(2) of the Criminal Procedure Law
3. S.4 of the Police Act Cap.19 2004 Laws of the Federation of Nigeria,
4. Section 316(1) and (2) of the Criminal Code Cap.48,
5. Laws of the defunct Bendel State
