CORAM
M.L. UWAIS – JUSTICE, SUPREME COURT
A.B. WALI – JUSTICE, SUPREME COURT
A.I. IGUH – JUSTICE, SUPREME COURT
S. U. ONU – JUSTICE, SUPREME COURT
S. ODEMWINGIE – JUSTICE, SUPREME COURT
M.L. UWAIS, JUSTICE SUPREME COURT
A.B. WALI, JUSTICE SUPREME COURT
A.I. IGUH, JUSTICE SUPREME COURT
S. ODEMWINGIE, JUSTICE SUPREME COURT
UWAIFO, JUSTICE SUPREME COURT
PARTIES
JONAS EFFIA
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
None.
SUMMARY OF FACTS
The Appellant was convicted and sentenced to death for the offence of murder and had appealed against the sentence and conviction.
HELD
The court held that it has anxiously considered the evidence of these witnesses and do not have any doubts as to their credibility and accordingly dismissed the appeal of the appellant and affirmed the conviction and sentence passed by the court below.
ISSUES
Whether, in view of the nature and quality of evidence adduced by the prosecution, the Court of Appeal did not err by holding that the trial judge rightly convicted and sentenced the appellant to death for murder.
RATIONES DECIDENDI
ON ONUS OF PROVING ABSENCE OF PROVOCATION
‘This is based on the principle that the onus of proving absence of provocation rests on the prosecution throughout’- Ejiwunmi, JSC
WHEN CONFLICT OR CONTRADICTION IN EVIDENCE OF PROSECUTION WITNESS WILL BE FATAL
‘It is pertinent to state that it is settled law that for any conflict or contradiction in the evidence of prosecution witnesses to be fatal to the case, the conflict or contradiction must be fundamental to the main issues in question before the court’- Ejiwunmi, JSC
WHEN DISCREPANCY IN PROSECUTION WITNESS EVIDENCE WILL LEAD TO REJECTION OF SUCH EVIDENCE
‘It is not every discrepancy or contradiction in the evidence of the prosecution witnesses that would lead to the rejection of such evidence. It must be shown that the contradiction and inconsistencies in their evidence are so material that grave doubts are cast on the case of the prosecution.’- Ejiwunmi, JSC
CASES CITED
Ebba V Ogodo [1984] 4 SC 84 at pages 90-91; [1984] 1 SCNLR 372;
Onwugbufor V Okoye [1996] 1 NWLR [pt.424] 252 at 289
R v. Mcpherson (1957) 41 CR APRR 213
Onubogu & Anor v The State (1974) 1 All NLR (Pt. 11) 5;
Nasamu V The State (1968) NMLR 86;
Enahoro V Queen (1965) I All NLR 125;
Ibe V State (1992) 5 NWLR (Pt.244) 642 at 649;
Namsoh V State (1993) 5 NWLR (Pt.292) 129
STATUTES REFERRED TO
None.