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NATHANIEL MBENU & ANOR VS THE STATE

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NATHANIEL MBENU & ANOR VS THE STATE

Legalpedia Citation: (1988-07) Legalpedia (SC) 89551

In the Supreme Court of Nigeria

Thu Jul 7, 1988

Suit Number: SC.71/1987

CORAM


NNAMANI JUSTICE, SUPREME COURT

BELGORE JUSTICE, SUPREME COURT


PARTIES


NATHANIEL MBENU

DANIEL NWOKEM

APPELLANTS 


THE STATE

RESPONDENTS 


AREA(S) OF LAW


Not Available

 


SUMMARY OF FACTS

On the morning of 8th July, 1981, at 2 a.m. armed men, including the accused, besieged the premises of Miss Beatrice Abazie who is the P.W.2, and in a swift raid shot dead one Camillus Abazie, the deceased, who was then an undergraduate of Anambra State University of Technology, Enugu.

 


HELD


APPEAL DISMISSED

 


ISSUES


Not Available

 


RATIONES DECIDENDI


MEANING OF IDENTIFICATION PARADE


“First, whenever the case against an accused depends wholly or substantially on the correctness of one or more identifications of the accused which the defence alleges to be mistaken, the Judge should warn the jury of the special need for caution before convicting the accused in reliance on the correctness of the identification or identifications…………………….Secondly, the Judge should direct the jury to examine closely the circumstances in which the identification by each witness came to be made. How long did the witness have the accused under observation? At what distance? In what light? Was the observation impeded in any way as for example by passing traffic or a press of people? How often? If only occasionally, had he any special reason for remembering the accused? How much time elapsed between the original observation and the subsequent identification to the police? WIDGERY C.J, PER NNAMANI J.S.C

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


CLICK HERE TO READ FULL JUDGMENT 

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