OYIBO IRIRI & ORS VS ESERORAYE ERHURHOBARE & ANOR
July 14, 2025UMUKORO USIKARO & ORS VS ITSEKIRI COMMUNAL LAND TRUSTEES & ORS
July 14, 2025Legalpedia Citation: (1991-02) Legalpedia 69201 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Feb 22, 1991
Suit Number: SC 226/1990
CORAM
OBASEKI , JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
OLATAWURA, JUSTICE SUPREME COURT
AKPATA, JUSTICE SUPREME COURT
PARTIES
ALHAJI AHMED AYUB-KHAN
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – STEALING
SUMMARY OF FACTS
The accused/appellant was charged with stealing and convicted of criminal breach of trust by a public servant under S.315 penal code and attempted criminal misappropriation. The appellant was convicted of theft on appeal to Supreme Court
HELD
The court held that the appeal is dismissed and that the trial magistrate had been lenient in convicting the appellant for a lesser offence of theft
ISSUES
Whether the proceeding is null and void because the trial magistrate called two witnesses after the defence has closed its case before judgment.
RATIONES DECIDENDI
WHAT JUSTICE IS
Justice must demand the calling of the witness. In this case justice implies what is reasonably just in a final decision of the case – per S.M.A BELGORE J.S.C
CASES CITED
(1)R Vs Frost (1839) 4ST, TR 85
(2) Commissioner of police Vs Prediegha (1975) NWLR 170
(3) Garba Dandare Vs The state (1966)NWLR 129
(4) Juma Ali Vs Republic (1964) EA 461
(5) Bawa Jubril Vs The State (1968) 1AII nlr 91
STATUTES REFERRED TO
(1) Criminal procedure Code
(2) Criminal Procedure Act
