Legalpedia Citation: (2009-11) Legalpedia 04643 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Wed Nov 18, 2009
Suit Number: SC 167/2004
CORAM
A I KATSINA-ALU, JUSTICE SUPREME COURT
M MOHAMMED, JUSTICE SUPREME COURT
W S N ONNOGHEN, JUSTICE SUPREME COURT
C M CHUKWUMA-ENEH, JUSTICE SUPREME COURT
M S MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
PARTIES
MORUFU BOLANLE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – REASONABLE DOUBT
SUMMARY OF FACTS
The appellant and another co-accused person robbed, raped and killed some of the residents of Olorunsogo Street, Ibadan and were convicted of armed robbery and sentenced to death. His appeal to the Court of Appeal was dismissed.
HELD
Appeal dismissed
ISSUES
“(i.) Whether the conviction of the Appellant can stand not withstanding the discharge and acquittal of his co-accused.
(ii.) Whether on the accepted evidence, the prosecution can be said to have proved its case beyond reasonable doubt. ”
RATIONES DECIDENDI
WHERE EVIDENCE AGAINST TWO ACCUSED PERSONS IS THE SAME
Where the evidence against two accused persons in a criminal case is in all material respect the same and a doubt is resolved by the trial Judge in favour of one of the accused persons, the same doubt should also be resolved in favour of the other.Consequently if one is discharged and acquitted, the other should also be discharged and acquitted. Per MOHAMMED, JSC
WHEN THE BURDEN OF PROOF BEYOND REASONABLE DOUBT WILL BE DISCHARGED
If on the entire evidence, the trial Court is left with no doubt that the offence was committed by the accused person, that burden of proof beyond reasonable doubt is discharged and the conviction of the accused person will be upheld even on the credible evidence of a single witness. Per MOHAMMED, JSC
CASES CITED
1. State v. Danjuma (1997) 5N.W.L.R. (Pt. 506) 512
2. Ogidi v. State, (2003) 9 N.W.L.R. (Pt. 824).
STATUTES REFERRED TO
NONE