CORAM

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ELIAS JUSTICE, SUPREME COURT

LEWIS JUSTICE, SUPREME COURT

UDOMA JUSTICE, SUPREME COURT

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PARTIES

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DANIEL OBI (ALIAS DANIKE)STEPHEN NWABENE (ALIAS OBI)AUGUSTINE IBE (ALIAS BEN)ROLAND OJEINDUBUISI OKORIESULE ALABI WILLIAMS (ALIAS ADAGUDU) APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The accused were charged on an information containing two counts of murder and robbery, they were all tried by a judge with jury. They were found guilty and sentenced accordingly except one who was found not guilty and acquitted. The accused not satisfied with their conviction appealed against it. The appeal was dismissed and the sentences passed on them affirmed. The accused further appealed to the supreme court.

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HELD

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The court held that the verdicts returned by the jury were reasonable and amply supported by the evidence before the court.

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ISSUES

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Whether the evidence of an accomplice implicating a co-accused requires corroboration for a jury or judge can act on it to convict an accused person.

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RATIONES DECIDENDI

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CONVICTION ON EVIDENCE OF AN ACCOMPLICE

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“In a criminal trial where a person who is an accomplice gives evidence on behalf of the prosecution, it is the duty of the judge to warn the jury that, although they may convict upon his evidence, it is dangerous to do unless it is corroborated.”

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CASES CITED

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Davies vs. Director of Public Prosecutions (1954) ACT 378.

Bello vs. The State (1966) 1 NMLR 223

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STATUTES REFERRED TO

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Criminal Code.

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