THE FEDERAL REPUBLIC OF NIGERIA V GEORGE OSAHON AND 7 ORS
June 6, 2025CHIEF L.L.B. OGOLO V JOSEPH T. OGOLO LER (2006) SC 46/2002
June 6, 2025Legalpedia Citation: (2006) Legalpedia (SC) 11196
In the Supreme Court of Nigeria
Fri Feb 17, 2006
Suit Number: SC.233/2004
CORAM
S. U. ONU JUSTICE, SUPREME COURT
A. I. KATSINA-ALU JUSTICE, SUPREME COURT
UWAIS
W. S. N. ONNOGHEN JUSTICE, SUPREME COURT
ESO, JUSTICE SUPREME SCOURT
PARTIES
GODWIN IGABELE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal is against the conviction of the appellant who was charged with murder. His conviction was subsequently affirmed by the Court of Appeal. The appellant’s grouse was against the use of circumstantial evidence to convict him, claiming the prosecution failed to prove his case beyond reasonable doubt. Unanimously dismissing the appeal, the Supreme Court held thus:
HELD
Whether the Court of Appeal was right in confirming the conviction of the Appellant for murder having regard to the evidence before the court.
ISSUES
Held that the circumstantial evidence linking the accused appellant to the death of the deceased was overwhelming that it leaves the court in doubt as to the guilt of the appellant; who was the last to see the deceased.
RATIONES DECIDENDI
DISCREPANCIES THAT DO NOT TOUCH ON THE SUBSTANCE OF CASE
“…minor inaccuracies and discrepancies that do not touch the justice or substance of a case should not be sufficient ground to disturb a judgment”. {Per S.U. ONU, JSC}
CASES CITED
1. Felix Nwosu V. State (1986) 4 NWLR 348 2. Obudo V. State (1991) 6 NWLR (Pt.198) 435 at 456.3. Alewo Abogede V. State (1996) 5 NWLR (Part 448) 270,4. Edwin Ogba V. State (1992) 2 NWLR (Part 222) 164 5. Daniels V. The State (1991) 8 NWLR (Part 212)713
STATUTES REFERRED TO
Criminal Code Cap. 30 Vol. 11 Laws of Eastern Nigeria, 1963 applicable to Enugu State.
