OSUN STATE GOVERNMENT V DALAMI NIGERIA LIMITED
June 4, 2025OKIUGBEDI EDJEKPO & 2 ORS V IBOYI ITHIBRI OSIA & 3 ORS
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 29776
In the Supreme Court of Nigeria
Fri Mar 2, 2007
Suit Number: SC. 147/2005
CORAM
PARTIES
AMINU MOHAMMED & ANOR APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and one other were charged at the Lagos State High Court for conspiracy to commit murder and murder.Their counsels made a no case submission which were overruled. On appeal to the court of appeal it affirmed that there was prima facie evidence against the accused. Supreme Court also dismissed the appeal.
HELD
The court held that there was sufficient evidence to establish a prima facie case against the appellant.
ISSUES
(i) Whether the lower Court was right in affirming the decision of the trial court dismissing the no case submission of the appellant.(ii) Whether the lower court was right in relying on the statement credited to the PW2 when same was not part of the evidence before the trial court and whether by so doing, it had occasioned a substantial miscarriage of justice.?
RATIONES DECIDENDI
EVIDENCE IN SECTION 286 OF THE CRIMINAL PROCEDURE ACT CONSIDERED
Evidence in Section 286 of the Criminal Procedure Act means no less than that tendered in court and tested or liable to be tested in cross examination and is quite different/distinct from statements contained in the proof of evidence- per Tabai JSC.
CASES CITED
Andagta vs. Inspector General of police (1958) SCNLR 60
STATUTES REFERRED TO
Criminal Code (s.7)
