AYEMERE IHIMIRE VS THE STATE
August 8, 2025ASUQUO WILLIAM VS THE STATE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 76114
In the Supreme Court of Nigeria
Fri Nov 28, 1975
Suit Number: SC. 35/1974
CORAM
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
ALEXANDER CHIEF JUSTICE, NIGERIA
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
IGBOJI ABIEKE OROGWU EZERE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were charged with the murder of one Echem Otagbara and were convicted and sentenced to death.
HELD
The Court allowed the appeal, set aside the convictions and sentences of the appellants and ordered that they be acquitted and discharged.
ISSUES
Whether evidence at the trial lead irresistibly to the guilt of either of the accused persons and whether the judgment could be supported having regard to the evidence.
RATIONES DECIDENDI
WEIGHT OF SUSPICION IN CRIMINAL MATTER
It is, however, an elementary proposition that mere circumstances of suspicion are not sufficient to justify a conviction or, put in another way, suspicion, however strong, cannot take the place of legal proof. Per ALEXANDER, CJN.
PROOF OF FACT OF DEATH
Before a defendant can be convicted, the fact of death should be proved by such circumstances as render the commission of the crime certain and leave no ground for reasonable doubt. Circumstantial evidence should be so cogent and compelling as to convince a jury that on no rational basis other than murder can the facts be accounted for. Per ALEXANDER, CJN.
CASES CITED
Rex v. John Ogbuewu (1949) 12 W.A.C.A. 483
Queen v. Charlie Mboho (1964) N.M.L.R. 49
R. v. Moses (1960) 5 F.S.C. 187
R. v. Ororosokode (1960) 5 F.S.C. 208
STATUTES REFERRED TO
