FEDERAL REPUBLIC OF NIGERIA V ALHAJI MIKA ANACHE (M) & ORS
June 12, 2025NEKA B.B. MANUFACTURING CO. LTD. VS AFRICAN CONTINENTAL BANK LTD.
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 40117
In the Supreme Court of Nigeria
Fri Jan 16, 2004
Suit Number: SC. 294/2002
CORAM
SAMSON ODEMWINGIE UWAIFO JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT
PARTIES
1. FRIDAY AIGUOREGHIAN2. ANTHONY OKUNBOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The deceased died about 3 months after he was beaten up and there was no medical certificate as to the cause of death and the 2nd appellant’s alibi was not investigated.
HELD
The court held that it was not proved that it was the act of the appellants that caused the death of the deceased and that failure to investigate the defence of alibi of the 2nd appellant was fatal to the prosecution’s case.
ISSUES
1. Whether the Court of Appeal was correct in holding that the acts of the 1st Appellant caused the death of the deceased.2. Whether the learned Justices of the Court of Appeal were right in affirming the conviction of the 2nd Appellant in view of the evidence led at the trial court and the defence of alibi raised by the 2nd Appellant.
RATIONES DECIDENDI
CASES CITED
1. Enewoh V. State (1989) 4 NWLR (Part 119) 982. Bande V. State (1972) ANLR 8113. Joseph Okosun & 2ors V. A.G, Bendel State (1985) 3 NWLR (Part 12) 283. 4. Gachi & ors V. The State (1965) NMLR 333 5. Joseph Okosun & 2ors V. The State (1985) 3 NWLR (Part 12) 28. 6. Nwabueze V. The State (1988) 4 NWLR (Part 86) 16?
STATUTES REFERRED TO
None.
