METAL CONSTRUCTION (W.A.) LTD & 2 ORS V. MIGLIORE
August 1, 2025OBIANWUNA OGBUNYIYA & ORS V. OBI OKUDO
August 1, 2025Legalpedia Citation: (1979) Legalpedia (SC) 13161
In the Supreme Court of Nigeria
Fri Sep 28, 1979
Suit Number: SC. 38/1978
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
OLABODE RHODES-VIVOUR
KAYODE ESO, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
NATHANIEL NASAMU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, a soldier by profession, was convicted of the murder by the Lagos High Court. He was accordingly sentenced to death. He appealed against the conviction and sentence to the Federal Court of Appeal, after hearing arguments on the grounds of appeal filed by the appellant, dismissed his appeal. It was against the judgment of the Federal Court of Appeal that the appellant appealed to the Supreme Court.
HELD
The appeal was dismissed due to lack of merit.
ISSUES
Whether the act of the appellant in firing the shot was intentional or accidental and as we have earlier said, learned counsel relied for the determination of this on the alleged contradictions in the evidence of the prosecution witnesses.
RATIONES DECIDENDI
PROOF BEYOND REASONABLE DOUBT ON CIRCUMSTANTIAL EVIDENCE.
“What is important is that there is proof beyond reasonable doubt on circumstantial evidence.” Per ESO, JSC.
DUTY OF COURT WHERE THE PROSECUTION IS BASED ON CIRCUMSTANTIAL EVIDENCE
“We would like to emphasize that there is no rule that where the prosecution is based on circumstantial evidence, the Judge must, as a matter of law, not convict unless he is satisfied that the facts proved are not only consistent with the guilt of the accused but also such as to be inconsistent with any other reasonable conclusion.” per ESO, JSC.
ASSESSMENT OF CREDIBILITY OF WITNESSES
“it is trite law, that a trial court is in the best position to assess the credibility of witnesses.” Per ESO, JSC.
CASES CITED
Khadar & Anor. v. The Republic (1978) 2 Cyprus L.R. p. 132.
The Military Governor, Western State v. Chief Afolabi Laniba and Anor. (1974) 10 S.C. 227 at 233
STATUTES REFERRED TO
