SIKIRU AGBOOLA LASISI V. REGISTRAR OF COMPANIES
August 6, 2025NATIONAL BANK OF NIGERIA LTD. VS THE ARE BROTHERS (NIGERIA) LTD
August 6, 2025Legalpedia Citation: (1977-06) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri Jun 24, 1977
Suit Number: SC. 137/1976
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
OKAY ACHIKE JUSTICE, SUPREME COURT
SALIHU MODIBRO ALFA BELGORE JUSTICE, SUPREME COURT
PARTIES
JAMES IKHANE
APPELLANTS
THE COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-RETRIAL
SUMMARY OF FACTS
The appellant was alleged to have driven his car negligently and so caused a collision with another car in breach of road traffic laws.
HELD
The court held that on the principles of retrial and the evidence before the court, the appellant was entitled to an acquittal and not a retrial.
ISSUES
Not Avaialble
RATIONES DECIDENDI
BURDEN OF PROOF OF THE PROSECUTOR
It is trite law that if on the whole of the evidence, the court is left in a state of doubt, the prosecution would have failed to discharge the onus of proof which the law lays upon it and the prisoner is entitled to an acquittal. PER OBASEKI JSC
CASES CITED
1. THE QUEEN V. YESUFU AKANNI 5 FSC 120
2. JOSHUA ALONGE V. I.G.P (1959)4 FSC 230
3. EMMANUEL IBEZIAKO V. C.O.P (1963)1 ALL NLR 61
4. ABODUNDE &ORS V. THE QUEEN 4 FSC 230
STATUTES REFERRED TO
1. ROAD TRAFFIC LAW CAP 113, VOL 5LAWS OF THE WESTERN STATES OF NIGERIA 1959
