A. C. ABUAH VS THE QUEEN
September 8, 2025ONYEDIRE CHRISTOPHER VS THE QUEEN
September 8, 2025Legalpedia Citation: (1961-30) Legalpedia 20316 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Oct 30, 1961
Suit Number: SC. 208/1961
CORAM
DE LESTANG, JUSTICE SUPREME
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW AND PROCEDURE- COURT – EVIDENCE- HAND WRITING- TRIAL
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The trial judge used a magnifying glass to compare hand writing in court which revealed the forgeries for which the appellant was convicted. He also used the same device to look at an exhibit outside court but did not base his judgment on it.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that there was nothing wrong with comparing signature in court and that the judge was wrong to have examined a document outside court proceedings which however did not occasion miscarriage of justice.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the learned trial judge was wrong to have used magnifying glass to compare signatures in the circumstances of the case.
Whether the examination of exhibit M outside the court did not occasion miscarriage of justice.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
1. HANDWRITING
‘It is not unusual for the Courts, in a clear case, to form their own opinion as to hand-writing.’ Per De Lestang, C.J
2.THE ROLE OF A JUDGE WHILE CONDUCTING A TRIAL.
‘A trial is not an investigation, and investigation is not the function of a court. A trial is the public demonstration and testing before a court of the cases of the contending parties. The demonstration is by assertion and evidence, and the testing is by cross-examination and argument. The function of a court is to decide between the parties on the basis of what has been so demonstrated and tested.’ Per .’ Per De Lestang, C.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Muhammadu Duriminiya v. Commissioner of Police, (1961) N.R.N.L.R. 70
R. v. Smith, 3 Cr. App. R. 87
R. v. Rickard, 13 Cr. App. R. 140
R. v. Tilley
STATUTES REFERRED TO
Not Available
