INCAR (NIGERIA) LTD VS BENSON TRANSPORT LTD
August 9, 2025MOBIL OIL (NIG) LTD VS ABOLADE OLATUNDE COKER
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 01110
In the Supreme Court of Nigeria
Thu Mar 27, 1975
Suit Number: SC. 299/1974
CORAM
ELIAS JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
PARTIES
ALHAJI JIBRIN OKABICHIABDUL SABAOBAJE EZEABDULAHI LABUJAACHIMI AMEHJAMES AGADAJOHN OWUCHALA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were tried and convicted for culpable homicide punishable with death pursuant to Section (1)(a) of the Penal Code and sentenced to death.
HELD
The Supreme Court held that the only piece of evidence against the 2nd appellant was not corroborated. His conviction was quashed and the sentence of death passed on him was set aside.
ISSUES
Whether the evidence of the girl Mary Ojoma (a minor) was in any way corroborated as required by law
RATIONES DECIDENDI
DUTY OF THE COURT TO ASCERTAIN THAT CORROBORATING EVIDENCE IS INDEPENDENT OF EVIDENCE TO BE CORROBORATED
“Corroboration is evidence which may be direct or circumstantial but in any case it is the duty of the court to ascertain that whatever evidence is being used or regarded as corroboration is independent of the evidence to be corroborated and is such as supports the story of the main evidence to the effect that it renders that story more probable and that it implicates the accused person in some material particular” Per G. B. A. COKER, JSC
CASES CITED
Rex v. Basketville (1916) 2 KB 658
Omishade & Ors. v. The Queen (1964) 1 All NLR 233 at page 25
STATUTES REFERRED TO
