GEOFFREY OZIGBO V. COMMISSIONER OF POLICE
August 8, 2025JOHN OREIKE ANYAKWO V. AFRICAN CONTINENTAL BANK LTD
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 17440
In the Supreme Court of Nigeria
Fri Feb 27, 1976
Suit Number: SC. 85/1975
CORAM
DARNLEY A. R. ALEXANDER, CHIEF JUSTICE OF NIGERIA
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
FATAYI-WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
DAVID OBUE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant appealed to the Supreme Court from a judgment of the Court of Appeal, which confirmed the conviction for murder and sentence of death passed on him, by the High Court.
HELD
The appeal succeeded and it was allowed. The judgment of the Court of Appeal, confirming the conviction and sentence of death passed on the appellant in the High Court was set aside. The Supreme Court found the appellant not guilty and was acquitted.
ISSUES
That there must be sufficient and satisfactory proof that the articles Exhibits A, B, C & D were those of the deceased
Whether the retraction of the appellant was genuine
Whether the accused made the confession alleged or not to the recording officer.
RATIONES DECIDENDI
PROOF OF MATERIAL FACTS SHOULD BE BEYOND REASONABLE DOUBT IN A CRIMINAL CASE
“In a criminal case it is essential that proof of material facts should necessarily be beyond reasonable doubt.” Per SOWEMIMO, JSC.
THE LAID DOWN PROCEDURE FOR CONFIRMATION OF A CONFESSIONAL STATEMENT.
“Where the court is expected to attach some weight to a confessional statement purported to have been confirmed before a superior Police Officer, the laid down procedure for such confirmation should be followed.” Per SOWEMIMO, JSC.
CASES CITED
None.
STATUTES REFERRED TO
None.
