SALAWU OYELADE VS SANUSI ARAOYE AND THE ATTORNEY-GENERAL WESTERN NIGERIA
August 29, 2025AKINYEDE AND OTHERS VS OPERE AND OTHERS
August 29, 2025Legalpedia Citation: (1967-12) Legalpedia 93492 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Dec 22, 1967
Suit Number: SC 223/1967
CORAM
BAIRAMIAN JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
PARTIES
ALHAJI BABA DOKA AND OTHERS
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW AND PROCEDURE- EVIDENCE CONTAINED IN A DEPOSITION-CORROBORATION
SUMMARY OF FACTS
The appellants were convicted for the offence of brigandage by the lower court on a deposition which was not corroborated.
HELD
The court held that the appellants were entitled to be discharged and acquitted.
ISSUES
Whether the conviction of the appellants on evidence contained in a deposition which was not corroborated ought to be set aside.
RATIONES DECIDENDI
EVALUATION OF EVIDENCE CONTAINED IN A DEPOSITION
‘A judge should before accepting the evidence in the deposition be cautious and appreciate that he will be acting on the evidence of a witness whom he has not seen and whose veracity he has been personally unable to assess so that he may well in appropriate cases consider it desirable as here, to seek corroboration.’ Per Lewis J.S.C
CASES CITED
R. v. Collins, (26. Cr. App. R. 177; [1938] 3 All E.R. 130
STATUTES REFERRED TO
The Criminal Code
