THE STATE V JOHN OGBUBUNJO AND ORS
June 25, 2025IKYEREVE IORDYE v. TOR IHYAMBE
June 25, 2025Legalpedia Citation: (2001) Legalpedia (SC) 11562
In the Supreme Court of Nigeria
Sat Jan 6, 2001
Suit Number: SC. 44/2000
CORAM
JOSEPH E. EKANEM JUSTICE, COURT OF APPEAL.
ANTHONY IKECHUKWU IGUH , JUSTICE, SUPREME COURT
PARTIES
1. NMA DOGO 2. ALIYU DWAFU AGAIE 3. GARBA MAGAJI 4. IBRAHIM ABUBAKAR KAGO 5. ETSU DZUKO NDAKO AGAIE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were convicted for conspiracy and murder on the basis of the evidence of witnesses who gave contradictory account of the incident and who failed to report to the police 4 months after.
HELD
The court allowed the appeal, quashing the convictions of the appellants and entering a judgment of acquittal.?
ISSUES
1. Whether from the nature and circumstances of this case, the prosecution had actually proved its case against the appellants beyond reasonable doubt.2. Whether the affirmation of the conviction and sentences imposed on the appellants by the trial court in the way and manner done by the Court of Appeal was not unreasonable and against the weight of evidence adduced at the trial.
RATIONES DECIDENDI
CONTRADICTORY EVIDENCE
Where contradictions and inconsistencies are established, the accused person is entitled to be given the benefit of the doubt so created- Ejiwunmi J.S.C
CONTRADICTORY EVIDENCE – DUTY ON COURT
If a witness is proved to have made a statement, though unsworn, in distinct conflict with his evidence on oath and he gives no cogent reasons for the inconsistencies or conflictions, the proper direction is that his testimony on the point is negligible and unreliable and that their verdict should not be founded on the rest of his evidence – Iguh J.S.C.
FAILURE TO INVESTIGATE ALIBI
Where an accused has disclosed an alibi before the trial, as in the present case, and the Police has taken no available steps to verify or disprove it, the court may hold that the prosecution has failed to prove its case – Iguh J.S.C
CASES CITED
1. The State v. Edward Obinga and others (1965) NMLR 170 at 172;2. R. v. Akpan modem (1947) 12 WACA. 224.3. The State v. John Adegbami (1968) NMLR. 347; 4. Oyewunmmi Adedeji v. The State (1971) 1 All NLR. 75 at 79 5. Peter v. The State (1997) 3 NWLR. (Pt. 496) 625 at 6426. R v. Leonard Harris 20 CAR. 144 at 147 per Hewart, LCJ. 7. R v. Ukpong (1961) 1 All NLR 25 8. Christopher Onubogu v. The State (1974) 9 SC. 1.9. Nwabueze v. State (1988) 4 NWLR (Pt. 86) 16.
STATUTES REFERRED TO
NONE
