MUSA V YERMIA
July 3, 2025ABUBAKAR UMARU ABBA TUKUR VS THE GOVERNMENT OF TARABA STATE & ORS
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 31190
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 3, 1997
Suit Number: SC.103/1996
CORAM
A.B. WALI
SUNDAY AKINOLA AKINTAN JUSTICE, SUPREME COURT
Ita George Mbaba JCA
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
U. MOHAMMED
PARTIES
CLEMENT OBRI APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The accused was convicted of murder by the evidence of a small child who was the only eye witness.
HELD
The appeal therefore succeeds and it is hereby allowed. The judgements of both the High Court and the Court of Appeal are accordingly set aside. The appellant is found not guilty of the offence charged and is hereby discharged and acquitted.
ISSUES
The issue here is – who killed the deceased? Whether or not he (PW1 )saw the murderer commit murder in this case. Whether the Court of Appeal was right when it came to the conclusion that the learned trial judge had complied with the provisions of Sect ion I55(1) and 183(1) of the Evidence Act. Cap 112 Laws of the Federation of Nigeria before receiving the evidence of PW.1, a small child aged about 7 years.
RATIONES DECIDENDI
SWORN AND UNSWORN EVIDENCE
Where a witness’s real testimony in court contradicts or is inconsistent with his previous extra judicial statement, the court should not only regard the sworn oral testimony as being unreliable but also the previous statement whether sworn or unsworn as not constituting evidence upon which it can act.
UNSWORN EVIDENCE OF A CHILD MUST BE CORROBORATED
The court must not convict on the unsworn evidence of a child such as the P.W.1 unless his evidence is corroborated by some other material evidence in support thereof implicating the accused
CASES CITED
R. v. Ukpong (1961) All NLR 25,Asanya v. The State (1991) 3 NWLR (Pt.180) 422, Oladejo v. The State (1987)3 NWLR (part 61) 419,Umani v. The State (1988) I NWLR (Pt 70)274,Esangbedo v. The State (1989) 4 NWLR (Pt. 113)57
STATUTES REFERRED TO
Evidence Act. Cap 112 Laws of the Federation of Nigeria|
