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ADETOKUNBO OGUNLANA & ORS VS THE STATE

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ADETOKUNBO OGUNLANA & ORS VS THE STATE

Legalpedia Citation: (2005) Legalpedia (SC) 53311

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Thu Apr 7, 2005

Suit Number: SC. 30/1992

CORAM


M.L. UWAIS

A.B. WALI

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

A.I. IGUH


PARTIES


ADETOKUNBO OGUNLANA & ORS APPELLANTS


THE STATE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellants, Adetokunbo Ogunlana, Segun Adebayo Onile, Kayode Bakare and Caroline M. Ogunlana along with four others were arraigned on the 12th day of January, 1987 before the High Court of Lagos State, holden at Ikeja on a two count information.


HELD


That there is no evidence whatsoever in the present case that P. W. 3 or P.W. 4 are participes criminis to the offences charged and the court upheld the conviction of the appellants.


ISSUES


Whether on the facts of this case, the court below was not in error when it upheld the decision of the trial court that P.W. 3 and P.W. 4 were not accomplices to the offences charged, or at least tainted witnesses, and whether the failure of the trial court so to hold and to remind itself of the need for caution in regard to their evidence did not occasion a miscarriage of justice?


RATIONES DECIDENDI


CASES CITED


Enahoro v. The Queen (1965)1 All NLR 125|Idahosa v. The State (1965) NMLR 85|Imoke Onyikoro v. R. (1959) NRNLR 103|Jimoh Ishola v. The State (1978) 9-10 S.C. 81; (1978) 2 LRN 125; (1978) NSCC (Vol. 2) 499|Omisade & Ors v. The Queen (1964) NMLR67|R . v. Ukpe (1938) 4 WACA 141.


STATUTES REFERRED TO


The Evidence Act|The Criminal Procedure Law of Lagos State Cap.32|


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