SENATOR USMAN ALBISHIR V INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS
May 30, 2025DEMOCRATIC PEOPLES PARTY & ANOR V INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS
May 30, 2025Legalpedia Citation: (2008-06) Legalpedia 91200 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Thu Jun 5, 2008
Suit Number: SC 239/2006
CORAM
N TOBI, JUSTICE SUPREME COURT
G A OGUNTADE, JUSTICE SUPREME COURT
I F OGBUAGU, JUSTICE SUPREME COURT
I T MUHAMMAD, JUSTICE SUPREME COURT
J O OGEBE, JUSTICE SUPREME COURT
PARTIES
1. SUNDAY ANI
2. PETER ANI
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – ALIBI – EVIDENCE
SUMMARY OF FACTS
The appellants were arraigned before the trial court on the offence of armed robbery, the trial court found the appellants guilty but was upturned on appeal.
HELD
Appeal allowed and the appellants discharged and acquitted.
ISSUES
NONE
RATIONES DECIDENDI
WHAT REASONABLE DOUBT MEANS
Reasonable doubt which will justify acquittal is doubt based on reason and arising from evidence or lack of evidence, and it is doubt which a reasonable person might entertain and it is not fanciful doubt, is not imagined doubt. Per TOBI JSC
CASES CITED
1. Commissioner of Police v. Tijani Alao & ors. (1959-60) WRNLR 39
2. Zekeri Abudu v. The State (1985) 1 NWLR (Pt.1) 55 @ 58, 59, 62
STATUTES REFERRED TO
NONE
