CORAM

M.L. UWAIS

S. KAWU

A.B. WALI

MUHAMMADU LAWAL UWAIS (Presided and Read the leading Judgment), JUSTICE, SUPREME COURT

Raphael Chikwe Agbo JSC

PARTIES

MATHEW OBAKPOLOR APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

In a charge of culpable homicide for which the appellant was charged and convicted for, he raised that the information upon which he was charged was defective and not in compliance with the criminal procedure Act among other. He also pleaded alibi as a defence. He unsuccessfully defended himself at the trail and it conviction was affirmed on appeal. He has further appeal to the Supreme court.

HELD

The appeal was dismissed

ISSUES

Whether the non-compliance by the investigating Magistrate with the mandatory provisions of Sections 312, 314(1) – 314(5) and 323 of the Criminal Procedure Laws of Bendel State 1976 did not render the committal of the appellant for trial null and void Consequently whether the non-compliance with such condition precedent to the trial did not render the information based on such invalid committal, and the trial thereon nullities Was the Court of Appeal right in holding that the trial Judge’s “ex post facto” compliance with the mandatory provisions of Section 314 was in order Was the appellant rightly convicted of murder, when his main defence was not considered, simply because his alibi was rejected? Was the alibi of the appellant properly considered before being rejected? Whether the Court of Appeal was right in confirming the conviction of the appellant for murder when the prosecution did not discharge the onus of proof of the guilt of the appellant beyond reasonable doubt?

RATIONES DECIDENDI

CASES CITED

1. Donald Ikomi & Ors. v. The State (1986) 3 NWLR (Pt.28) 340.|2. State v. Ukochio (1964) NMLR 100.|3. Dabit ‘Meckam v. The Queen (1959) SCNLR. 428.|4. Edet Akpan v. State (1986) 3 NWLR (Pt. 27) 225.|5. Onucha Anya & Ors. v. The State (1965) NMLR 62.

STATUTES REFERRED TO

1. Criminal Procedure Act|

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