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ALFRED ONYEMENA & ANOR V. THE STATE

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ALFRED ONYEMENA & ANOR V. THE STATE

Legalpedia Citation: (1974-01) Legalpedia (SC) 89191

In the Supreme Court of Nigeria

Fri Jan 25, 1974

Suit Number: SC. 10/1973

CORAM


TASLIM O. ELIAS, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT


PARTIES


ALFRED ONYEMENA LAWRENCE OKUMAH

APPELLANTS 


THE STATE

RESPONDENTS 


AREA(S) OF LAW


CRIMINAL  LAW AND PROCEDURE -JURY TRIAL -IDENTIFICATION PARADE /EVIDENCE

 


SUMMARY OF FACTS

The trial judge warned the jury that the evidence presented against the appellants was inconsistent and contradictory and that they were not properly identified but they were nevertheless convicted for murder by the jury.

 


HELD


The court held that the verdict of the jury was perverse and advocated the abolishment of jury trial in Lagos.

 


ISSUES


Whether the appellants were rightly convicted for murder by the jury in the circumstances of this case.

 


RATIONES DECIDENDI


JURY TRIAL


Trial by jury has been imposed upon Lagos society. It has not kept pace with developments. The result has been that, in many cases, verdicts have often been given more as a matter of sentiment than of reasoned consideration that should form part of the verdict. Per Sowemimo J.S.C

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


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