BABATUNDE OLUBAMI KOIKI V. THE STATE
August 7, 2025PIUS JIZURUMBA V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11121
In the Supreme Court of Nigeria
Fri Mar 12, 1976
Suit Number: SC. 121/1975
CORAM
FATAYI-WILLAMS, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
DR BABATUNDE OLUBAMI KOIKI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was tried on information charging him with the offence of an attempt to export Indian Hemp (Cannabis Sativa), and the unlawful possession of Indian Hemp. He was acquitted on count 1 and convicted and sentenced to 10 years imprisonment on count 2. Not satisfied with his conviction, the appellant appealed to the court of appeal and further to the Supreme Court.
HELD
The appeal was dismissed it for lack of merit.
ISSUES
The learned trial Judge erred in law in convicting the appellant as he did when the evidence upon which he convicted him was neither clear nor convincing, and in any case, below the standard of proof required to establish guilt in a criminal trial.
The verdict was unreasonable and cannot be supported, having regard to the evidence adduced by the prosecution before the trial court.
RATIONES DECIDENDI
BEFORE CONVICTION, THE TRIAL COURT HAS TO BE SATISFIED OF THE TRUTH OF ADMISSION
“It is settled law that the trial court has to be satisfied of the truth of admission by an accused before convicting on it.” Per OBASEKI, AG. JSC
CASES CITED
None.
STATUTES REFERRED TO
None.
