DANIEL MADJEMU VS THE STATE
June 24, 2025CHIEF JACOB CLEOPAS BIARIKO & ORS V CHIEF A.M. EDEH-OGWUILE & ORS
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 61180
In the Supreme Court of Nigeria
Tue May 1, 2001
Suit Number: SC.199/2000
CORAM
MOHAMMED, JUSTICE, SUPREME COURT
I L. KUTIGI, JUSTICE, SUPREME COURT
O. ACHIKE, JUSTICE, SUPREME COURT
ESO, JUSTICE SUPREME COURT
PARTIES
MONDAY ODU & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
A fight broke out, during which the 1st Appellant gave a dagger to the 2nd Appellant who stabbed the deceased, they were convicted and sentenced by the trial court and they appealed.
HELD
The Appeal dismissed and the decision of the Court of Appeal affirmed
ISSUES
1) Whether the failure to investigate the defence of Alibi by the prosecution will be fatal to conviction?2) Whether the defence of provocation and accident availed the 2nd Defendant?3) Whether an issue for determination in an appeal must relate to the ground of appeal?
RATIONES DECIDENDI
ISSUES FOR DETERMINATION MUST BE DISTILLED FORM GROUNDS OF APPEAL
Where an issue formulated for the determination of appeal does not relate to any of the grounds of appeal such issue is unarguable and incompetent. Per MOHAMMED, J.S.C.
FAILURE TO INVESTIGATE ALIBI
Although there are occasions on which failure to check an alibi may cast doubt on the reliability of the case for the prosecution, yet where there is positive evidence which cancels the alibi, the failure to investigate the alibi would not be fatal to conviction. Per MOHAMMED, J.S.C.
CASES CITED
Bassey v. The Queen (1963) 1 All NLR 280, (1963) 2 SCNLR 183.Akpan v. The State (1994) 9 NWLR (Pt. 368) 347; Mohammed Garba v. The State (2000)4S.C. (Pt.11)157.
STATUTES REFERRED TO
None.
