CORAM
PARTIES
BASSEY AKPAN ARCHIBONG APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In the High Court, the appellant was arraigned and tried and convicted for murder. The appellant appealed to the Court of Appeal in which the appeal was dismissed. The appellant further appealed to the Supreme Court.
HELD
The appeal failed and was dismissed. The decisions of the lower courts were affirmed.
ISSUES
Was the lower appellate court right to have affirmed the finding of the trial court to me effect that the two prosecution witnesses sufficiently knew the deceased person before the date of the incident and correctly identified him as the person who brought the deceased woman to the hotel on that fateful day.
In all the circumstances of this case, was the lower appellate court right to affirm the conviction of the appellant for murder when the case of the prosecution is not free from doubt.
Was Exhibit A properly received in evidence? And if the answer is in the negative did the wrongful admission of Exhibit A lead to a miscarriage of justice.
RATIONES DECIDENDI
CORRECT IDENTIFICATION OF AN ACCUSED
“The identity of an accused will not be in doubt if there is evidence before the court showing the opportunity the witnesses had to identify the accused as the assailant. But such evidence should be received with caution and it must be weighed against every available evidence.” Per D. MUSDAPHER, JSC
CASES CITED
Olalekan V. State [2001] 18 NWLR (Pt 744), (2001) 2 SCM 104
Ajibade V. State [1987] 1 NWLR (Pt.48) 205
Abudu V. State [1985] 1 NWLR (Pt. 1) 1.
Udedibia V. State [1976] 11 SC 133. Fatoyinbo V. Attorney-General WR [1966] WRNLR 4
Ukorah V. State [1977] 4 SC 167
Omogodo V. State [1981] 5 SC 5
Nasamu V. State [1979] 6-9 SC 153
STATUTES REFERRED TO
None.