Just Decided Cases

NATHANIEL NASAMU VS THE STATE

Legalpedia Citation: (1979-09) Legalpedia 95719 (SC)

In the Supreme Court of Nigeria

LAGOS

Fri Sep 28, 1979

Suit Number: SC.38/1978

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.

 

 


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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