OTIGIDI ORIGBO VS THE STATE
August 16, 2025AMUSA AJANI POPOOLA VS PAN AFRICAN GAS DISTRIBUTORS & ORS
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 48101
In the Supreme Court of Nigeria
Fri Nov 24, 1972
Suit Number: SC. 175/72
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
UDOMA JUSTICE, SUPREME COURT
FRANCIS FEDODE TABAI(lead judgement) JUSTICE, SUPREME COURT
PARTIES
DAVID USO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused was charged with stealing one sokoto and agbada £8: 10/-, one gold ring valued £2 and the sum of £27: 10/- in Central Bank of Nigeria Currency notes, but on evidence of the prosecution witness, was convicted of stealing one sokoto and agbada.
HELD
Appeal allowed.
ISSUES
Whether the trial of the accused was unfair in that the Senior Magistrate personally took over from the prosecution a disconcerting cross-examination of the accused for nearly a page and a half in an all-out effort to discredit the accused on the issue of forgery and stealing of the agbada and sokoto.
RATIONES DECIDENDI
JUDGE SHOULD NO DESCEND INTO THE ARENA
“In our system of criminal trial, the judge as umpire is not expected to descend into the arena. This illustrates the difference between the accusatorial and the inquisitorial methods of trying an accused person. Our procedure is accusatorial in the sense that the innocence of the accused is presumed until he is proved guilty by the prosecution. Under the inquisitorial system of trial, which obtains in most Continental Legal Systems, the judge plays a dynamic role in cross-examining litigants and witnesses and the accuseds guilt is presumed until he proves his innocence.”
Per ELIAS, CJN
PRESUMPTION OF INNOCENCE UNTIL PROOVEN GUILTY
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CASES CITED
STATUTES REFERRED TO
