ALHAJI RAIMI EDUN VS ODAN COMMUNITY & ORS
July 30, 2025ALHAJI A.G. ISHOLA-NOAH V HIS EXCELLENCY, THE BRITISH HIGH COMMISSIONER TO NIGERIA
July 30, 2025Legalpedia Citation: (1980) Legalpedia (SC) 18101
In the Supreme Court of Nigeria
Fri Nov 7, 1980
Suit Number: SC. 37/1979
CORAM
NNAEMEKA-AGU JUSTICE SUPREME COURT
ESO JUSTICE, SUPREME COURT
NNAMANI JUSTICE, SUPREME COURT
PARTIES
JOSEPH LORI KENNETH IBENYE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants and 1 other were on 27th February, 1977 convicted and sentenced to death by Gbemudu J., for murder. They all appealed to the Federal Court of Appeal, Benin Judicial Division which dismissed the appeal in respect of the appellants but allowed the appeal of the 3rd accused. Whereupon the appellants appealed to this court.
HELD
The court allowed the appeal of the 2nd appellant and discharged and acquitted him.
ISSUES
When circumstantial evidence can be sufficient to support a conviction in criminal trial, especially murder
RATIONES DECIDENDI
CIRCUMSTANTIAL EVIDENCE SUFFICIENT TO SUPPORT A CONVICTION IN A CRIMINAL TRIAL
The circumstantial evidence sufficient to support a conviction in a criminal trial, especially murder, must be cogent, complete and unequivocal. It must be compelling and must lead to the irresistible conclusion that the prisoner and no one else is the murderer.
CASES CITED
R. v. Taylor and 2 ors. 21 Cr. App. R. 20.
See also Rex v. Chung Y1 Miao 1928, .
Shortland Re. Cited in Wills on circumstantial Evidence, Seventh Edition (1936) p. 324 per Humphreys, J. .
Tepper v. queen (1952) AC 480 at 489 PC. .
McGreevy v DPP (1973) 1 All ER 503 at 509.
Igboji Abieke and Anor. v The State (1975) 9-11 S.C. 97 at 104; .
Obalum Anekwe v the State (1976) 10 S.C. 255 at 264; .
Paulinus Udedibia and 2 ors. v. the state (1976) 11 S.C. 133 at 139; .
Valentine Adie v. The State (1980) 1-2 S.C. 116 at 122.
Ukorah v. The State (1977) 4 S.C. 167 at 174, 176-177.
Emperor v Browning 39 I.C. 323, stated: .
Queen v. Donald Ororosokode (1960) 5 FSC 208. .
R v. Onufrejczyk (1955) 1 QB 388.
Rex v Samuel Abengowe 3 WACA 85; .
R v. Oledima 6 WACA 202. .
Sunday Omonuju v. The State (1976) 5 S.C. 1; .
Frank Onyenankeya v. the State (1964) NMLR 34. .
Adamu Kumo v. The State (1968) NMLR 227 .
Tonara Bakuri v. The State 1965 NMLR 163.
Miller v. Minister of Pensions (1947) 2 All ER 372, 373:
STATUTES REFERRED TO
The Evidence Act, Cap. 62
