BASHARU VS BORNU NATIVE AUTHORITY
September 8, 2025MBANU NWANYIEKE VS GODFREY MBANU
September 8, 2025Legalpedia Citation: (1961-11) Legalpedia 20862 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Nov 9, 1961
Suit Number: SC. 153/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH , JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW – CONFESSIONAL STATEMENT-EVIDENCE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
The appellant was convicted for stealing based on an alleged confession that he used part of the proceeds of sale for election expenses but it was not shown which of the goods and how much of it was stolen.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
The court held that the prosecution did not prove the case against the appellant and that the alleged confession was not direct and positive.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
Whether the lower courts were right in convicting the appellant based on an alleged confession which was neither positive not direct in view of the decision in Waziri Chingi v. The Queen F.S.C. 137/1958
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960
FSC 207/1959 [1960] NSCC 41
Waziri Chingi v. The Queen F.S.C. 137/1958
STATUTES REFERRED TO
Not Availabe
