SUN INSURANCE OFFICE LTD VS OJEMUYIWA
September 3, 2025IDOWU ALASE & ORS VS SANYA OLORI ILU & ORS
September 3, 2025Legalpedia Citation: (1964-12) Legalpedia 68229 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Wed Dec 23, 1964
Suit Number: SC 475/1964
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
IBONG UDO OKOKO & ANOR
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-MURDER
SUMMARY OF FACTS
The appellants were convicted of the murder of one James akpan and have appealed to the court against their conviction.
HELD
The court held that the appellants were rightly convicted and accordingly dismissed their appeal.
ISSUES
Whether the prosecution had failed to establish that the deceased was killed by the appellants considering the evidence of the medical doctor.
Whether the alibi of the second appellant was properly investigated
RATIONES DECIDENDI
ON RIGHT OF DEFENDANT IN A CRIMINAL CASE NOT TO GIVE EVIDENCE
‘We agree that a defendant in a criminal case cannot be asked to give evidence: the choice is his. At the same time, if he wishes to raise a particular defence, and if he cannot elicit from the prosecution witnesses evidence which fairly raises that defence, he and his Counsel have then to consider whether he should give evidence of a matter peculiarly within his knowledge’- COKER, J.S.C
ON WHOM ONUS LIES IN CRIMINAL PROCEEDINGS
“It must, however, be understood that maintaining the rule that the onus always remains on the prosecution does not mean that the Crown must give evidence-in-chief to rebut a suggestion of self-defence before that issue is raised, or indeed need give any evidence on the subject at all. If an issue relating to self-defence is to be left to the jury there must be some evidence from which a jury would be entitled to find that issue in favour of the accused, and ordinarily no doubt such evidence would be given by the defence.” COKER, J.S.C
CASES CITED
1. R. vs. Johnson [196113 All E.R. 969
2. Woolmington vs. D.P.P. [1935] A.C. 462,
3. Mancini vs. D.P.P. [1942] A.C.1
4. R. vs. Lobell [1957] 1 Q.B. 547
STATUTES REFERRED TO
