MOTUNDE SHONEKAN VS GLADYS AYODELE SMITH
September 4, 2025FRANK ONYENANKEYA VS THE STAT
September 4, 2025Legalpedia Citation: (1964-04) Legalpedia 72551 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Apr 9, 1964
Suit Number: SC 537/1963
CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
AJEGBO, JUSTICE, SUPREME COURT
BRETT, JUSTICE, SUPREME COURT
ADEMOLA CHIEF JUSTICE, NIGERIA
AJEGBO JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
PARTIES
MADU MANAMA APPELLANTS
BORNU NATIVE AUTHORITY
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-CULPABLE HOMICIDE-OATH-AFFIRMATION
SUMMARY OF FACTS
The appellant was convicted in the Shehu of Borno’s Court of culpable homicide punishable with death for murdering his wife.
HELD
Appeal dismissed.
ISSUES
Whether the trial of the appellant was not a nullity as the witnesses for the prosecution neither took oath nor made affirmation before they gave their evidence.
RATIONES DECIDENDI
IMPORT OF SECTION SEC. 391(2) OF THE CRIMINAL PROCEDURE CODE
The section, in our view, gives a discretion to the Native Court to invite a witness, “either before he gives his evidence or at any subsequent stage of the proceedings to take an oath as to the truth of what he was going to say or what he had said: again a witness may be invited to take an oath as to a particular portion of his evidence only. It is not obligatory on the part of the Court to do so; it is a matter of discretion for the court whether or not it will invite the witness to take an oath. It must be made clear, however, that the matter is not left to the whims of the Court, but it is discretion to be exercised in appropriate cases-ADEMOLA, C.J.N
IMPORT OF SECTION SEC. 391(2) OF THE CRIMINAL PROCEDURE CODE
The section, in our view, gives a discretion to the Native Court to invite a witness, “either before he gives his evidence or at any subsequent stage of the proceedings’ to take an oath as to the truth of what he was going to say or what he had said: again a witness may be invited to take an oath as to a particular portion of his evidence only. It is not obligatory on the part of the Court to do so; it is a matter of discretion for the court whether or not it will invite the witness to take an oath. It must be made clear, however, that the matter is not left to the whims of the Court, but it is discretion to be exercised in appropriate cases-ADEMOLA, C.J.N
CASES CITED
STATUTES REFERRED TO
1. Penal Code
2. Criminal Procedure Code
3. Criminal Procedure Code Law
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