JOSEPH O. FALOBI V. ELIZABETH O. FALOBI
August 7, 2025F. O. AJIBOWO AND CO. LTD VS WESTERN TEXTILES MILLS LTD
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 91201
In the Supreme Court of Nigeria
Sat Jul 10, 1976
Suit Number: SC. 14/1976
CORAM
MADARIKAN, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
JONATHAN AJIJOLA ISHAYA MUSA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The PW1 alleged that the accused person demanded gratification from him for a public duty to be afterwards performed. He thereafter alerted his brother, a police officer (who was asked to deliver the money to the accused person) in company of some police officers. He was convicted of the offence and subsequently the accused person appealed against the conviction.
HELD
The court upheld the appeal and acquits the accused person of the offences.
ISSUES
Whether the court can convict an accused person on the uncorroborated evidence of an accomplice
RATIONES DECIDENDI
DEFINITION OF ACCOMPLICE
In our view, persons, who, if called as witnesses for the prosecution, are treated as accomplices are persons who were participes criminis in respect of the actual crime charged, whether as principals or accessories before or after the fact to felonies or persons committing, procuring or aiding and abetting misdemeanours. A. FATAYI-WILLIAMS, JSC
TESTIMONY OF A WITNESS WITH PERSONAL MOTIVES
Thus where a witness in a criminal case may be regarded as having some purpose of his own to serve, whether he be a fellow prisoner or a witness for the prosecution, it is desirable that the judge should warn the jury of the danger of convicting on that witnesss evidence unless it is corroborated. A. FATAYI-WILLIAMS, JSC
CASES CITED
Davies v. D.P.P. (1954) AC (H.L.) 378)
The Queen v. Ezechi (1962) 1 All NLR. 113)
The Queen v. Birtles (1969) 53 Cr. App. R 469
STATUTES REFERRED TO
The Criminal Code
