CHIEF DR. IRENE THOMAS & ORS VS THE MOST REVEREND TIMOTHY OMOTAYO OLUFOSOYE
July 22, 2025ADESINA OKE AND ORS VS SHITTU ATOLOYE AND ORS
July 22, 2025Legalpedia Citation: (1986) Legalpedia (SC) 11112
In the Supreme Court of Nigeria
Fri Feb 7, 1986
Suit Number: SC. 68/1985
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
ERIC UYO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was arraigned before the High Court, Sapele for the murder of Henry Egwu Okotie on or about the 4th day of May 1982, at Sapele. Appellant was tried and found guilty, convicted and sentenced to death.
HELD
The Court unanimously dismissed the appeal of the appellant.
ISSUES
1. Was the Court of Appeal right in holding that cause of death of the deceased was proved beyond reasonable doubt and that the death of the said deceased was satisfactorily shown to be traceable to the act of the Appellant and 2. Having to the totality of the evidence before the Court was a case of murder proved beyond reasonable doubt against the Appellant?
RATIONES DECIDENDI
PROOF OF MURDER
“The offence of murder can be established by proof of either intention or kill or to cause grievous harm if death results.” Karibi-Whyte JSC.
CASES CITED
1. Rex v. Oledinma (1940) 6 WACA. 202
2. Basoyin v. A. G. (1966) NMLR. 287.
3. R. v. Nungu (1953) 14 WACA. 379
4. R. v. Adi (1955) WACA. 6
5. R. v. Aliechem (1956) 1 FSC. 64
6. Basoyin v. A-G (1966) NMLR. 287
7. Stephen Ukorah vs. The State (1977) 4 S. C. 167, 177
8. Nasamu v. State (1979) 6 S C. 153 at p. 159.
9. R v. Abengowe (1936) 3 WACA. 85
10. R v. Oledinma (1940) 6 WA CA. 202.
STATUTES REFERRED TO
Evidence Act
Criminal Procedure Code
