Just Decided Cases

AKPAN IKONO & ANOR VS THE STATE

Legalpedia 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



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