CORPORAL JONA DAWA & ANOR V THE STATE
July 30, 2025ALHAJI RAIMI EDUN VS ODAN COMMUNITY & ORS
July 30, 2025Legalpedia Citation: (1980) Legalpedia (SC) 65151
In the Supreme Court of Nigeria
Fri Nov 21, 1980
Suit Number: SC. 49/1980
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANIAGOLU JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
MOHAMMED BELLO, CHIEF JUSTICE OF NIGERIA
PARTIES
NAFIU RABIU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with culpable homicide punishable with death for the death of the deceased, his wife. Medical evidence showed that the deceased was strangled at a time when only the appellant had access to her. The trial court acquitted the appellant. On appeal, the appellant was convicted for culpable homicide not punishable with death.
HELD
The court dismissed the appeal and held that the prosecutor had a right of appeal to the Federal Court of Appeal from an order of acquittal on point of law which was the point raised in the appeal.
ISSUES
whether a right of appeal from an order of acquittal in a criminal proceedings is available to the prosecutor.whether or not it has been clearly established that the deceased died by strangulation or whether there is any lingering doubt that she may have died from alcoholic poisoning? .whether the Court of Appeal was right in the conclusion which it reached that the appellant was guilty of culpable homicide not punishable with death
RATIONES DECIDENDI
RIGHT OF PROSECUTOR TO APPEAL IN CRIMINAL CASES
The prosecutor in the Northern States has a right of appeal from an order of acquittal, made by a High Court sitting at first instance, in criminal proceedings but only on points of law – Idigbe J.S.C.
POWER OF APPEAL COURT TO SET ASIDE A FINDING WHICH IS PERVERSE
if a jury (or a judge sitting also as jury) came to a decision which no reasonable jury applying their minds to proper considerations and giving themselves proper directions, (against non-directions, as is also the case here) can come, then an appeal court having jurisdiction to entertain an appeal from such a decision only on a point of law, will reverse such a decision because the position then is exactly the same as if the jury (or the judge sitting as a jury) have come to a decision of fact which no evidence whatsoever supports and such a decision must be considered erroneous in law, and also perverse.” – Idigbe J.S.C
CASES CITED
Yekini Onigbeden v. Ishola Balogun (1975) 1 all NLR 233 at 241
National Employers Mutual General Insurance Association v. Uchav (1973) 1 NMLR 170 at 172-3
Kiren v. Paschal and Ludwig Incorporate (1978) 11 and 12 S. C. 77
Bracegirdle v. Oxley (1947) 1 All ER 126
STATUTES REFERRED TO
The 1979 Constitution.
The Criminal Procedure Code
