ANTHONY IGBO VS THE STATE
August 8, 2025SOUTH-EASTERN STATE NEWSPAPER CORPORATION & ANOR V EDET ASUQUO ANWARA
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 17111
In the Supreme Court of Nigeria
Fri Nov 21, 1975
Suit Number: SC. 108/1975
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
PARTIES
THE STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was charged, convicted and sentenced for the murder of his sister Owie Edobor in the Benin High Court on the 26th July, 1974.Dissatisfied with his conviction and sentence, hence this appeal before the Supreme Court.
HELD
The Supreme Court allowed the appeal, set aside his conviction and sentence and therefore discharged and acquitted him accordingly.
ISSUES
RATIONES DECIDENDI
CONVICTION BASED ON CIRCUMSTANTIAL EVIDENCE
In order to sustain a conviction based on circumstantial evidence, the circumstances relied upon by the prosecution must lead conclusively and indisputably to the guilt of the accused person. PER ATANDA FATAYI-WILLIAMS JSC.
ESTABLISHMENT OF GUILT OF AN ACCUSED
One does not begin to inquire whether an accused is guilty of a crime until it has been established that a crime has been committed. PER ATANDA FATAYI-WILLIAMS JSC.
CASES CITED
R. v. Tepper (1952) A.C. 480 at page 489
R. v. Onufrejezyk (1955) 1 QB. 388
STATUTES REFERRED TO
