ONUEGBU GODSPOWER CHIBUZO V THE STATE
June 5, 2025DR. IME SAMPSON UMANAH V. OBONG (ARC.) VICTOR ATTAH & ORS
June 5, 2025Legalpedia Citation: (2006-09) Legalpedia 62086 (SC)
In the Supreme Court of Nigeria
Abuja
Fri Sep 29, 2006
Suit Number: SC.125/2005
CORAM
I. L. KUTIGI JUSTICE, SUPREME COURT
U. A. KALGO JUSTICE, SUPREME COURT
N. TOBI JUSTICE, SUPREME COURT
M. MOHAMMED JUSTICE, SUPREME COURT
W. S. ONNOGHEN JUSTICE, SUPREME COURT
PARTIES
FELICIA AKINBISADE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CIRCUMSTANTIAL EVIDENCE -CONCURRENT FINDING OF THE LOWER COURTS
SUMMARY OF FACTS
The appellant was charged the offences of stealing and altering documents amongst other things. She was convicted by the trial court and her conviction was affirmed by the Court of appeal. In affirming her conviction and dismissing the appeal for want of merit the Supreme Court held as follows.
HELD
Appeal dismissed
ISSUES
Whether the Nl,802,920.41 was proved to belong to the Ogun State Government and if not, whether the affirmation of the judgment of the trial Court was justified.
Whether the court below was right in law in affirming the conviction of the Appellant for uttering Exhibit S in the absence of credible evidence.
Whether the fact that Exhibit XIV, which is the Report of the Handwriting Expert, did not state that the Appellant wrote the mandate on the face of Exhibits IX1, IX2,1X3, IX, is a justification to discharge and acquit the Appellant of the charge of uttering of the said exhibits.
RATIONES DECIDENDI
DOCUMENTS MUST BE INTERPRETED AS A WHOLE AND NOT IN PARTS OR POCKETS
“It is the law that for the purposes of obtaining a balanced picture in documentary evidence the entire documents must be interpreted as a whole and not in parts or pockets convenient to a party. In other words, a party cannot pick and choose extract from a document that is convenient to his case. That will be tantamount to shutting out the truth searching process in the matter before the court”. {Per Niki Tobi JSC}
CASES CITED
1. Udedibia v. The State (1976) 11 SC 133
2. Fatiyinbo v. A.G. Western Nigeria (1966) WNLR 4
STATUTES REFERRED TO
1. Criminal Code (cap. 29) Laws of Ogun State 1978
