MILITARY GOVERNOR OF ONDO STATE VS VICTOR ADEGOKE ADEWUNMI
July 17, 2025CLEMENT EZENWOSU VS PETER NGONADI
July 17, 2025Legalpedia Citation: (1988-06) Legalpedia (SC) 79261
In the Supreme Court of Nigeria
Fri Jun 24, 1988
Suit Number: SC. 57/1987
CORAM
ESO JUSTICE, SUPREME COURTOPUTA JUSTICE, SUPREME COURTKAWU JUSTICE, SUPREME COURTCRIAG JUSTICE, SUPR
OPUTA, JUSTICE SUPREME COURT
PARTIES
NWABUEZE & OTHERS
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-ARMED ROBBERY-INCONSISTENCY IN EVIDENCE-ALIBI
SUMMARY OF FACTS
[1960] NSCC 12
The appellants sought an order of court discharging and acquitting them of the offence of armed robbery
HELD
The Court held that the 1st and 3rd appellants should not have been convicted on the evidence before the court as a result of the inconsistencies in the evidence of p.w 2 and p.w 3. The Court further held that the conviction of the 2nd appellant was proper.
ISSUES
It is obvious that the two crucial issues which will determine this appeal are the issues of identification of the 1st and 3rd appellants and their defences of alibi which both of them put up at the trial
Whether on the totality of the evidence adduced, the conviction of the 2nd appellant was justified
Whether adequate consideration was given to the defence of alibi raised by the 2nd appellant
RATIONES DECIDENDI
FINDINGS OF FACT.
A judge can only make findings on the evidence properly adduced at the trial- S.KAWU, JSC
CONTRADICTIONS IN EVIDENCE.
I believe the law is that where a witness has made a previous statement, which is inconsistent with his oral testimony, the previous statement, whether sworn or unsworn does not constitute evidence upon which the court can act- S.KAWU, JSC
CONTRADICTIONS IN EVIDENCE
Where, as in this case there are inconsistencies in the prosecutions evidence such as to cast reasonable doubt on the guilt of the accused person, such accused persons should be given the benefit of the doubt.- S.KAWU, JSC
CASES CITED
1. R. vs. Golder & Anor (1960) W.L.R. 1169
2. Christopher Onubogu & Anor vs. The State (1974) 9 S.C. 1
3. Queen vs. Ukpong (1961) 1 All N.L.R. 25
4. Jizurumba vs. The State (1976) 3 S.C. 89
5. Williams v. The State (1975) 9111 S.C. 139
6. Stephen Oteki v. Attorney-General of Bendel State (1986) 2 N.W.L.R. pt.24, 648.
7. Woolmington v. Director of Public Prosecution and Minister of Pensions and Miller (1947) 3 All E. R. 372 at 374.
8. Gachi & Anor. v. The State (1965) N.M.LR. 333 at 335
STATUTES REFERRED TO
1. Robbery and Fire-arms (Special Provisions) Act, 1970.
