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ANTHONY IGBO VS THE STATE

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ANTHONY IGBO VS THE STATE

Legalpedia Citation: (1975) Legalpedia (SC) 10616

In the Supreme Court of Nigeria

Fri Nov 28, 1975

Suit Number: FSC. 394/1974

CORAM


GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

ATANDA FATAYI, JUSTICE, SUPREME COURT

ANIAGOLU JUSTICE, SUPREME COURT


PARTIES


ANTHONY IGBO APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was convicted and sentenced to death on a charge of murder of one Paul Dunu, a ten-year old boy.


HELD


The court held that an accused person can be convicted on the evidence of a single but credible witness.


ISSUES


None


RATIONES DECIDENDI


STATUS OF EVIDENCE OF A SINGLE WITNESS


1. If the evidence of a single witness sufficiently proves the case against an accused person and the trial court accepts the evidence there is no rule of law or practice dissuading the court from convicting on the evidence. Per Obaseki AG, J.S.C


DISCHARGE OF BURDEN OF PROOF BY THE PROSECUTION


2. In discharging the burden of proof cast upon it the prosecution has a duty to place before the Court all available relevant evidence. This does not mean that all available witnesses must be brought to Court to testify. Per Obaseki AG, J.S.C


CASES CITED


R. v. Dyson (1908) 2 KB, 454, 1 Cr. App. R13Police v. Daniel Nunoo Kwasie (1952-1955) 14 WACA 319Joshua Alonge v. Inspector-General of Police (1959) 4 FSC 203R. v. Mansu 12 WACA 113 at page 114


STATUTES REFERRED TO


The Criminal Code Law Chapter 30 Vol. II Laws of Eastern Nigeria 1963Evidence Law Cap. 49 Vol. 3 Laws of Eastern NigeriaRex v. George Kuree (1941) 7 WACA 175


CLICK HERE TO READ FULL JUDGMENT

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