CORAM

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M.L. UWAIS JUSTICE, SUPREME COURT

S.M.A. BELGORE JUSTICE, SUPREME COURT

O. OLATAWURA JUSTICE, SUPREME COURT

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PARTIES

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MANSHEP NAMSOH APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellant was charged with murder of the deceased and found guilty by the trial court and sentenced to death, on appeal to the Court of Appeal, an order of retrial was given. He now appealed to the Supreme Court being dissatisfied with the judgment of the court below.

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HELD

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The court held that the order of the Court of Appeal, Kaduna ordering the retrial of the appellant before another Judge is set aside. In its place an order of acquittal and discharge of the appellant is substituted. For the avoidance of doubt the appellant is discharged and acquitted.

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ISSUES

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Whether the mix up and contradictions or inconsistencies is the evidence adduced by the prosecution against the appellant are substantial and fundamental to the charge before the court and therefore fatal to the case.

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RATIONES DECIDENDI

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AN ACCUSED MUST BE CAUTIONED FIRST

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Once a police officer decides to make a complaint against an accused person, he must first of all caution the accused person in a prescribed form. If the accused decides to volunteer a statement, he may write it himself or the police officer may write it for him. Per Kutigi JSC

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CASES CITED

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1. Onubogu & Anor v. The State (1974) 9 SC. 1 at 22. Nasamu v. The State (1979) 6-9 SC. 1533. Enahoro v. The Queen (1965) 1 All NLR 1254. State v. Lopez (1968) 1 All NLR 356;5. Okoduwa  v. The State (1988) 2 NWLR (Pt.76) 3336. Yesufu Abodundu & Ors. v. The Queen (1959) SCNLR 162; (1959) 4 FSC 70.

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STATUTES REFERRED TO

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Criminal Procedure (Statement to Police Officers) Rules, 1960, Cap 30 of the Laws of Northern Nigeria, 1963 (Judges Rules)

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