OMIMKE EBEVUHE & ORS VS MADAM ETIBIO UKPAKARA & ORS
July 4, 2025JOSEPH ONWU & ORS VS EZEKIEL NKA
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 11541
In the Supreme Court of Nigeria
Tue Jul 9, 1996
Suit Number: SC.123/1995
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME CORUT
UTHMAN MOHAMMED JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
ALHAJI SALISU BABUGA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The deceased Mamuda Gambo, was a neighbour of the appellant and P.W.1, Haruna Mohammed. They all met and drank after which the appellant, Alhaji Salisu Babuga invited P.W. 1 and the deceased for a trip to Bagauda Lake Hotel on a picnic. On their way, the appellant stopped to ease himself, P.W. 1 and the deceased, also came out and walked a little in front of the car to urinate. As they squatted, the appellant entered the car and rolled over the deceased and P.W.1 ?
HELD
The judgment of the Court of Appeal upholding the conviction of the appellant for culpable homicide under S. 221 of the Penal Code and the sentence of death passed by the trial Court are hereby affirmed. ?
ISSUES
Whether the evidence was withheld in this particular case.Whether the two medical reports could be admitted in evidence without the doctor himself being called?
RATIONES DECIDENDI
BURDEN OF PROOF IN CRIMINAL PROCEEDINGS
In all prosecution of criminal offences, the burden on the prosecution is to prove beyond reasonable doubt the guilt of the accused.
WHEN THE COURT WILL CONVICT AN ACCUSED
Where the circumstances of the attack on the deceased are clear, the injuries inflicted upon him as a result of the attack are graphically described to lead to no other conclusion than that the deceased died as a result of the attack and the injuries, the Court can convict even if there is no medical evidence and even if the body of to deceased is not recovered. Per BELGORE, JSC
CASES CITED
Onubogu v. The State (1974) 9 SC 1 at 20Ogundipe & Ors. v. The Queen (1954) XIV WACA 465.
STATUTES REFERRED TO
None.
