OTUAHA AKPAPUNA & ORS VS OBI NZEKA II &ORS
July 22, 2025SAMSON AWOYALE VS JOSHUA OLABAMIJI OGUNBIYI
July 22, 2025Legalpedia Citation: (1986-04) Legalpedia 25480 (CA)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Apr 18, 1986
Suit Number: SC 102/1985
CORAM
OPUTA , JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
PARTIES
1. AMUSA OPOOLA ADIO
2. AMOS AFOLABI
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
APPEAL – CONVICTION – CRIMINAL LAW – CONFESSIONAL STATEMENT
SUMMARY OF FACTS
The 2 appellants and Dejo Adeniji (the 3rd accused at the trial) descended upon the house where some Ghanaians lived, harried these Ghanaians out of their homes and had them brutally murdered on the pretext that they were thieves.
HELD
The Court held that the appeals of the two Appellants ought to be dismissed. They are hereby dismissed. The conviction and sentence of death passed on the Appellants by the trial judge as well as the appeal judgment of the Court of Appeal are all hereby affirmed.
ISSUES
1. Is there any finding of fact made by the learned trial Judge against each appellant?
2. Is there any evidence to support the learned trial Judge’s findings against each appellant?
RATIONES DECIDENDI
INSTANCES WHEN THE COURT ENTERTAINS QUESTION RAISED ON APPEAL
“The general rule adopted by this Court is that an appellant will not be allowed to raise, on appeal, a question which was not raised or argued in the court below. This however, is not an inflexible and rigid rule. It is subject to the demands of justice. Thus where the question involves substantial points of law – either substantive or procedural – the court may entertain the appeal all the same and prevent an obvious miscarriage of justice.” Oputa, JSC.
PROOF BEYOND REASONABLE DOUBT.
“A case can be proved by direct oral evidence. If the testimony or witnesses who saw and heard are believed, there will be proof beyond reasonable doubt. Circumstantial evidence can prove a case beyond reasonable doubt.” Oputa, JSC.
CASES CITED
1. Monday Enweliku v. The State (1970) 1 All N.L.R. 55
2. Babale v. Ibrahim (1956) 1 F.S.C. 37 at p.38
3. State v. Akpan Akpwee (1982) 6.SC.1
4. Samuel Aladesuru & ors. v. The Queen (1955) 3 W.L.R. 515: (1956) A.C. 49.
5. K. Akpene v. Barclay’s Bank of Nigeria Ltd & F. O. Osawaru (1977) 1 SC. 47
6. Shonekan v. Smith (1964) All NLR. 168 at p.173
7. Stool of Abinabina v. Chief Kojo Enyimadu (1953) 12 WACA. 171 at p.173 all
8. Peter Igbo v. The State (1978) 3 SC. 87 at p. 90
9. Ufuonye Enweonye & 2 Ors. v. The Queen (1955) 15 WACA. 1 at p. 3
STATUTES REFERRED TO
Supreme Court Act No. 12 of 1960
