IBADAN CITY COUNCIL VS J. O. ODUKALE
August 19, 2025OLUSHEGUN HARUNA & ORS VS THE STATE
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 61131
In the Supreme Court of Nigeria
Fri Sep 8, 1972
Suit Number: SC. 235/71
CORAM
ELIAS CHIEF JUSTICE, NIGERIA
JAMES OGENYI OGEBE , USTICE SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
J. A. ONIBANIYIS. A. ORITOGUN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, a Produce Inspector was with another accused person ( an employee of the Kabba Co-operative Produce Marketing Union Ltd.) and both were convicted in the High Court of Kwara State Judicial Division, holden at Ilorin on an eighteen counts charge.
HELD
The Court held that the case of the prosecution was proved beyond reasonable doubt and that the appellant was rightly convicted. This appeal therefore fails. It is dismissed.
ISSUES
Whether or not the evidence given by (PW2) at the trial Court is in conflict with that of (PW3).
Whether the trial Judge was wrong to have convicted the appellant on a charge of criminal breach of trust and conspiracy.
RATIONES DECIDENDI
DUTY OF COURT WHEN CONVICTION IS BASED ON TWO CONFLICTING VERSION OF AN ESSENTIAL FACT
“If on appeal from a conviction on a criminal charge, the record of evidence shows that the trial court heard witnesses who gave two conflicting versions of an essential fact and that court failed to make any specific finding on that fact, the Supreme Court as a Court of Appeal cannot choose between the two versions of the fact in order to make a finding of fact against the appellant which the trial court did not make; and that, in the absence of a specific finding by the trial court of an essential fact in the conflicting evidence so adduced, the only conclusion the appellate court can draw from such conflicting evidence is that which is favourable to the accused.” E. Udo Udoma, JSC.
CASES CITED
Clark Ejuren v. Commissioner of Police (1961) All NLR 478
STATUTES REFERRED TO
Criminal Procedure Code
Penal Code Cap.
