CHIEF OBADE OJE VS THE STATE

CORAM

ELIAS JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

IRIKEFE JUSTICE, SUPREME COURT

PARTIES

CHIEF OBADE OJE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was charged with murder of one Theresa Godwin. He was later found guilty as charged and therefore convicted and sentenced to death for murder. The Appellant has challenged his conviction and sentence by appealing to the Supreme Court, to set aside the judgment of the trial court on ground that undue weight was attached to the sole evidence that led to his conviction.

HELD

The court held that, the evidence adduced by PW5 was not only uncertain but also inconsistent and ought to have been rejected by the trial judge, therefore a conviction for murder solely on such unfounded evidence cannot stand, the appeal was allowed, and the appellant discharged and acquitted.

ISSUES

The learned trial Judge erred in law by attaching undue weight to the evidence of the 5th Prosecution Witness despite previous inconsistent statements made by him in respect of the same case in Exhibit D touching upon the identity of the accused.

The learned trial Judge erred in law in failing to consider the defence of alibi set up by the appellant.

That learned trial Judge having held that It is not certain, however, whether it was the accused who personally inflicted the injuries on Theresa Godwin erred in law in finding the accused guilty on the ground that since the accused was seen to be carrying the injured woman, not with any aim of helping her, the only inferences to draw are that either he inflicted the injuries on her or he was a participes criminis and know something of how those serious injuries described by the Doctor came about.

The decision is altogether unwarranted, unreasonable and cannot be supported having regard to the weight of evidence.”

RATIONES DECIDENDI

CREDIBILITY OF EVIDENCE

Where the evidence put forward by the prosecution is not clear and inconsistent as to the identity and certainty that the accused is the one that commit the offence charged it will raise serious doubt as to the credibility of the evidence adduced. PER ELIAS JSC