J. A. ONIBANIYI & ANOR VS THE STATE

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.