FRANCIS DURWODE V THE STATE

CORAM

ADOLPHUS G. KARIBI-WHYTE, JUSTICE, SUPREME COURT

FEDEDO FRANCIS TABAI JUSTICE, SUPREME COURT

UMARU ATU KALGO , JUSTICE, SUPREME COURT

MITCHELL CHRISTOPHER CHUKWUMA-ENEH JUSTICE, SUPREME COURT

PARTIES

FRANCIS DURWODE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was convicted sentenced of the offence of murder punishable under Section 319(1) of the Criminal Code by Odita J of Warri High Court. Per Uthman Mohammed, JSC ?

HELD

That the evidence adduced before the trial court is consistent only with the hypothesis of the guilt of the appellant.

ISSUES

Whether the trial of Appellant is not a nullity for breach of the mandatory provisions of Sec. 215 of the Criminal Procedure Law, Laws of Bendel State 1976 and Sec. 33(6) A & E of the Constitution of the Federal Republic of Nigeria 1979 and which occasioned a miscarriage of justiceWhether the circumstantial evidence against the Appellant was positive, cogent and conclusive

RATIONES DECIDENDI

RIGHT TO INFORM THE ACCUSED PERSON OF THE OFFENCE COMMITTED

where a charge is of one count and the appellant had earlier made a statement to the police on the allegation of the crime which he has been arraigned for trial the failure of the trial judge to record that the charge has been read and explained to the accused will not amount to a miscarriage of justice once the trial court is satisfied that the accused understood the nature of charge framed against him- Per Uthman Mohammed, JSC

ADMISSIBILTY OF CIRCUMSTANTIAL EVIDENCE

It is accepted as good law that where direct evidence of a fact in issue is not available, evidence of facts surrounding the establishment of the fact is acceptable and is very often the best evidence.- Per Adolphus Godwin Karibi-Whyte, JSC

ADMISSIBILTY OF CIRCUMSTANTIAL EVIDENCE

A conviction on circumstantial evidence cannot be based unless and until all the inference to be drawn from the whole history of the case point strongly to the commission of the crime by the accused. -Per Uthman Mohammed, JSC