MRS. PATIENCE OMAGBEMI VS GUINNESS NIGERIA LTD.
July 4, 2025ALHAJI BANMIDELE LAWAL VS UNION BANK OF (NIG.) PLC & ORS
July 4, 2025Legalpedia Citation: (1995) Legalpedia (SC) 11113
In the Supreme Court of Nigeria
Fri Feb 17, 1995
Suit Number: SC. 41/1994
CORAM
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
PARTIES
FATAI ADELE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On 21st November, 1982, there was an affray at Atewolara Garage, Mushin, during which members of the National Union of Road Transport Workers Association (NURTWAN), and the Road Transport Employers Association (RTEAN) fought each other. During the skirmishes, one Sesan Idowu Moses was murdered. Many arrests were made, and at the end of investigations, nine members of NURTWAN were charged with the murder of Sesan Idowu Moses.
HELD
That the appellant were wrongly convicted.
ISSUES
1. Whether the Court of Appeal properly evaluated the evidence of P.W.3 against the appellant before using it to confirm the conviction and sentence of the appellant by the High Court.2. Whether the Court of Appeal properly evaluated the plea of Alibi put forward by the appellant.
RATIONES DECIDENDI
APPEAL COURT NOT TO CONVICT A CO-ACCUSED ON DISCREDITED EVIDENCE
Where a trial court, in a joint criminal trial, disbelieved the evidence of a witness and, because of doubt, discharged one of the accused standing trial before it, an appeal court will be in error to use the same discredited evidence, on the same facts, in order to find conviction for a co-accused. If a testimony of a witness casts doubt on a trial Judge the evidence given by that witness must be rejected entirely.-Per Mohammed, JSC
CASES CITED
Bayo Adelumola v. The State (1988) 1 NSCC 465 at 471 (1988) 1 N WLR (Pt. 73) 683Boy Muka and others v. The State (1976) 9-10 S.C 305
STATUTES REFERRED TO
NONE
