NNANYELUGO SAMUEL O. EBOSIE V. JOSEPH PHIL-EBOSIE & ORS
August 7, 2025NIGER INSURANCE CO. LTD V. ABED BROTHERS LIMITED & ANOR
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 51179
In the Supreme Court of Nigeria
Fri Jul 2, 1976
Suit Number: SC. 277/1975
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANDREWS O. OBASEKI , JUSTICE, SUPREME COURT
PARTIES
DELU LIMAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged and convicted to 4 years imprisonment for culpable homicide not punishable with death. The trial court relied on a medical report to convict the appellant.
HELD
The court held that the appellant was denied of fair trial by failure of the trial court to comply with section 249(3)(b) of the Criminal Procedure Code; i.e. failure to call the medical practitioner for the purpose of cross examination.
ISSUES
None
RATIONES DECIDENDI
WHAT FAIR HEARING ENTAILS
“A person standing trial is entitled to defend himself and to avail himself of all facilities provided by the law. Section 249(3)(c) gives to such a person the right to have the maker or a report received in evidence by virtue of this section attend and give evidence in person in the court where the accused person will at least have the opportunity of cross – examining him and where it is manifest from the disagreement over the written report that a chance of defending himself had been denied to the accused it would be difficult to resist the conclusion that a miscarriage of justice had occurred. Per BELLO JSC.
CASES CITED
Yahaya Idirisu v. The State (1967)1 All NLR
Audu Tanko Juwa v. The State (1969) 1 All NLR 264 at p. 267.
Nimvem Miki & Ors v. The State (1968)1 All NRL 55
STATUTES REFERRED TO
Penal Code
Criminal Procedure Code
