RASULU OLADIPUPO VS THE STATE
July 9, 2025MADUABUCHI GEORGE VS THE STATE
July 9, 2025Legalpedia Citation: (1993-06) Legalpedia 10134 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jun 25, 1993
Suit Number: SC 16/1992
CORAM
M.L. UWAIS JUSTICE, SUPREME COURT
A.B. WALI JUSTICE, SUPREME COURT
O. OLATAWURA JUSTICE, SUPREME COURT
U. OMO JUSTICE, SUPREME COURT
E.O. OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
GODSPOWER ASAKITIKPI
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
ARRAIGNMENT- CRIMINAL LAW E AND PROCEDURE- EVIDENCE-FAIR HEARING-PRESENCE OF ACCUSED DURING JUDGMENT
SUMMARY OF FACTS
The appellant was identified as the person who robbed the victims by one of them and the money allegedly stolen was found on the appellant.
HELD
The court held that the identification coupled with the money found on the appellant confirmed his involvement in the commission of the crime and that the fact that the case was adjourned 19 times before arraignment did not deny him of fair hearing.
ISSUES
1. Whether the appellant was denied a fair trial because of the inordinate delay in commencing the trial of his case.
2. Whether the concurrent findings of the lower courts were reasonable having regard to the evidence of identification before the (trial) court and the effluxion of time (or time-lag) between die alleged commission of the offence and the trial of the accused.
3. Whether the failure of the (trial) court to state specifically in the record that the accused was present at the time of delivering judgment is fatal to die trial and conviction.”
RATIONES DECIDENDI
WHEN DOES TRIAL IN A CRIMINAL CASE COMMENCE
WHEN DOES TRIAL IN A CRIMINAL CASE COMMENCE
‘Trial in a criminal case is said to commence with arraignment which in turn consists of the charging of the accused or reading over the charge to the accused and taking his plea thereon’. Per Uwais J.S.C
WHEN THE QUALITY OF IDENTIFICATION IS POOR
‘When the quality of identification is poor the accused should be acquitted unless there is other evidence that supports the correctness of the identification’. Per Uwais J.S.C
CASES CITED
Oyediran & 5 Ors. v. The Republic (1967) NMLR 122 at P. 125
R. v. Turnbull, (1976) 3 All E.L.R. 549
STATUTES REFERRED TO
The Criminal Procedure Law. Cap. 49
The Constitution of the Federal Republic of Nigeria 1979
