FRANCIS C. ARINZE VS FIRST BANK OF NIGERIA
June 11, 2025CHIEF J. A. AGBANA V RTD. MAJOR S. K. OWA
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 31511
In the Supreme Court of Nigeria
Fri May 21, 2004
Suit Number: SC. 33/2003
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JSC,JUSTICE, SUPREME COURT .
PARTIES
CHIEF EMMANUEL EBRI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and two others were charged for murder, the two co- accused persons were discharged by the court of appeal but the conviction of the appellant was confirmed on the basis of the evidence under which the co- accused were discharged.
HELD
The court held that the appellant ought to have been discharged also.
ISSUES
1. Whether the conviction and death sentence of the appellant can be sustained in the face of the acquittal of the two co-accused persons.2. Whether the prosecution established the case against the appellant beyond reasonable doubt to sustain the conviction and death sentence of the appellant.3.Whether the Court of Appeal was right to uphold the conviction and death sentence of the appellant solely on the failure of his alibi.
RATIONES DECIDENDI
CASES CITED
1. Umani V. The State (1988) 1 NWLR (Pt. 70) 2742. Abudu V. The State (1985) 1 NWLR (Pt. 1) 553. Kalu V. The State (1988) 4 NWLR (Pt. 90) 503
STATUTES REFERRED TO
NONE
