AFRICAN NEWSPAPERS OF NIGERIA LTD VS F.C.O COKER
August 15, 2025R.O. SANUSI VS I.A. DANIYAN & ORS
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 41112
In the Supreme Court of Nigeria
Fri May 11, 1973
Suit Number: SC. 152/1972
CORAM
ELIAS CHIEF JUSTICE, NIGERIA
UDOMA JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
PARTIES
AKPAN IKONOAKPAN AKPAN MBOH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were convicted of murder on the contradictory evidence of identity of the accused persons.
HELD
The court allowed the appeal, quashing the convictions of the two appellants and entering a judgment of acquittal
ISSUES
Whether the appellants were rightly convicted of murder
RATIONES DECIDENDI
NEED FOR PROPER IDENTIFICATION WHEN AN ACCUSED PUTS UP THE DEFENCE OF ALIBI
when the sole defence is an alibi, identification by a single witness must be conducted with great care and the summing up must deal carefully with the facts of identification – Udoma J.S.C
PROOF OF DYING DECLARATION
in a case …in which the court must rely on the account given by eye-witnesses who were present and heard a dying declaration made, such dying declaration ought to be strictly proved in the exact words used by the deceased so as to remove any lingering uncertainties as to what the deceased had in fact said- Udoma J.S.C.
CASES CITED
R. v. Millichamp (1922) 16 Cr App R 83
STATUTES REFERRED TO
