CORAM
SOWEMIMO JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
PARTIES
NATHANIEL NASAMU
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CONVICTION ON MURDER
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
None.