AUGUSTINE MAIKYO V. W. E. ITODO & ORS
June 4, 2025SOKOTO STATE GOVERNMENT OF NIGERIA & 2 ORS V KAMDEX NIGERIA LIMITED
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 63017
In the Supreme Court of Nigeria
Fri Mar 9, 2007
Suit Number: SC.103/2005
CORAM
SUNDAY AKINOLA AKINTAN , JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI, CHIEF JUSTICE, NIGERIA
SUNDAY AKINOLA AKINTAN , JUSTICE, SUPREME COURT
PARTIES
1. GOLDEN DIBIE
2. FRIDAY IYAMA
3. GODFREY OJOMO.
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants were Polytechnic students who were charged with conspiracy to Rob and Armed Robbery. At the end of the trial the learned trial judge convicted the appellants and sentenced them to death by hanging. They appealed to the Court of Appeal which dismissed their appeal and affirmed the judgment of the High Court.
HELD
The Supreme Court held that the contradictions in the case of the prosecution were mere discrepancies and upheld the death sentence.
ISSUES
1. Whether the mode of taking the plea was improper and thereby rendering the entire trial a nullity2. Whether the lower court was right in holding that the contradictions in the case of the prosecution were mere discrepancies3. Whether the case of the prosecution was proved beyond reasonable doubt as required by law?
RATIONES DECIDENDI
REASONABLE DOUBT WHICH WILL JUSTIFY ACQUITTAL
“Reasonable doubt which will justify acquittal is doubt based on reason and arising from evidence or lack of evidence, and it is a doubt which reasonable man or woman might entertain and it is not fanciful doubt, and is not imagined doubt as would cause prudent men to hesitate before acting in matters of importance to themselves.” Per Niki Tobi, JSC
CASES CITED
Ahmed v. The State (2002) FWLR (Pt. 90)1358 at 1385; (2002) 1 SCM, 33 ?
STATUTES REFERRED TO
2. The 1999 Constitution of the Federal Republic of Nigeria
