A.C.E. JIMONA LTD VS NIGERIAN ELECTRICAL CONTRACTING CO.LTD
September 2, 2025GODWIN. NWANKWERE VS JOSEPH ADEWUNMI
September 2, 2025Legalpedia Citation: (1966-05) Legalpedia 83535 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri May 20, 1966
Suit Number: SC 31/1966
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
ADEWALE SHOLUADE
APPELLANTS
THE REPUBLIC
RESPONDENTS
AREA(S) OF LAW
Criminal Law – Burden of Proof
SUMMARY OF FACTS
The appellant was tried in the High Court of Lagos before Adedipe J., sitting with a jury and was convicted of murder.
HELD
That the trial Judge misdirected himself
ISSUES
Whether the trial judge misdirected the jury in that he stated or implied that the jury will not be released unless they arrive at a unanimous verdict.
If the above is in affirmative whether it amounts to putting pressure upon the jury
RATIONES DECIDENDI
BURDEN OF PROOF
The burden of proof remains in the prosecution to disprove self-defence once it is set up’- Per Lewis, J.S.C
JUDGE’S WARNING TO THE JURY
‘While the opinions of the presiding judge at a criminal trial on issues of fact can often be of great assistance to the jury, yet it is very important that the jury should be told that they are not bound by them nor relieved thereby of the responsibility of forming their own view and even if a proper warning is given an appellate court can still intervene if it considers the judge’s opinions are far stronger than the facts warranted so that there was a danger of the jury being overawed by them’- Per Lewis, J.S.C
CASES CITED
R. v. Oshunbiyi [1961] All N.L.R. 453
STATUTES REFERRED TO
Not Available
