EBIRI AND ANOTHER VS BOARD OF CUSTOMS AND EXCISE
August 29, 2025ELECTRICITY CORPORATION OF NIGERIA VS CHIEF M. A. OKUPE
August 29, 2025Legalpedia Citation: (1967-01) Legalpedia 56272 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri Jan 20, 1967
Suit Number: SC.445/1966
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
YAHAYA IDIRISU
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW AND PROCEDURE – RIGHT TO EXAMINE A MAKER OF A STATEMENT BY THE ACCUSED
SUMMARY OF FACTS
The appellant confessed to have murdered 3 persons and there was an eye witness who saw him hit the deceased with a pestle. The trial judge refused to call the medical doctor who prepared the report on the death of the deceased for cross examined by the appellant.
HELD
The court held that the trial judge was in error but that in view of other evidence before the court, no miscarriage of justice was occasioned.
ISSUES
Whether the trial judge was right to refuse in refusing to call the medical doctor when asked to do so.
RATIONES DECIDENDI
RIGHT OF ACCUSED TO EXAMINE A PROSECUTION WITNESS.
‘It is desirable that when a request is made by an accused person for the maker of a statement such as is now in point to be called as a witness such application should not be lightly refused. A person standing trial is entitled to defend himself and to avail himself of all facilities provided by the law.’ Per Coker J.S.C
CASES CITED
STATUTES REFERRED TO
The Criminal Procedure Code
