JOHN NWACHUKWU & ANOR V. MICHAEL ABARA & ORS
August 8, 2025DAVID OBUE V. THE STATE
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 71115
In the Supreme Court of Nigeria
Fri Feb 27, 1976
Suit Number: SC. 219/1975
CORAM
ALEXANDER, CHIEF JUSTICE OF NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
GEOFFREY OZIGBO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was sentenced along with 2 co-accused. On a 3 count charge of stealing, forgery and attempted felony. The prosecution failed to prove the actual time of theft.
HELD
The court held that there was no satisfactory evidence as regards the actual date or time of theft, it was not possible to invoke the presumption of recent possession in section 148(a) of the Evidence Act.
ISSUES
Whether a conviction against the appellant could be sustained upon the doctrine of recent possession under section 148(a) Evidence Act
Whether a conviction could be sustained against the appellant when the acts alleged against him were preparatory to stealing and not attempt.
RATIONES DECIDENDI
PRESUMPTION OF RECENT POSSESSION
“To invoke the presumption of recent possession under the Evidence Act, there must be satisfactory evidence as regards the actual date or time when the theft or stealing took place.” PER D.A.R. ALEXANDER, CJN
ATTEMPT OF AN ACT
“To constitute an attempt the act must be immediately connected with the commission of the particular offence charged and must be something of the offence” PER D.A.R. ALEXANDER CJN.
CASES CITED
R V. EAGLETON DEARS 515; RV. ROBINSON 11 CR. APP. R. 124
COMER V. BLOOMFIELD 55 CR. APP. R 305; R V. PICFARD 13 CR APP. R. 140
POWELL & WIFE V. STREATHAH MANOR NURSING HOME (1935) AC 243
R V. HARVEY, 11 COX 546; R V. SMITH 3 CR. APP. R. 87
STATUTES REFERRED TO
CRIMINAL CODE; EVIDENCE ACT
