YUNUSA ADAMU & ORS VS THE STATE
July 11, 2025RAPHAEL AGU VS CHRISTIAN OZURUMBA IKEWEBE
July 11, 2025Legalpedia Citation: (1991) Legalpedia (SC) 18188
In the Supreme Court of Nigeria
Fri May 3, 1991
Suit Number: SC. 31/1990
CORAM
MICHAEL EKUNDARE OGUNDARE JUSTICE, SUPREME COURT (Read the Leading Judgment)
UWAIS,JUSTICE, SUPREME COURT
AKPATA JUSTICE, SUPREME COURT
KAWU,JUSTICE, SUPREME COURT
PARTIES
NWORIE NWALI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with murder. The trial court found him guilty, his appeal to the Court of Appeal was dismissed, hence this further appeal. ?
HELD
Appeal dismissed
ISSUES
(1) Was it right for the learned Justice of the Court of Appeal to rely on the English version of the appellant’s statement where both the English version and the Ibo version were tendered in the High Court? (2) Whether the Court of Appeal rightly supported the rejection of the appellant’s plea of self defence, and provocation. (3) Whether conviction is supported by the evidence before the court. (4) (As an aside) Whether the Honorable Judge of the High Court rightly held that a confessional statement not endorsed by a Senior Police Officer is inadmissible.?
RATIONES DECIDENDI
LANGUAGE OF THE COURT
“In our judicial system, and because Nigerians of different tribes now administer justice, the proceedings in the court of trial must of necessity be recorded in English language. The set-up of our courts demands that the English language will still be used. It is for this reason that when a statement is recorded in vernacular from a witness or an accused, there is always an English translation.” PER OLATAWURA, JSC
REASON MUST BE GIVEN WHY A CONVICTION CANNOT STAND
“A State counsel or any other law officer who appears on appeal involving conviction has the right to announce his inability to support the conviction by the trial court. No court is bound to accept the submission once satisfied that there are valid grounds why the conviction should be affirmed. The State counsel making such a submission is enjoined to give reasons why the conviction cannot stand.” PER OLATAWURA, JSC
CASES CITED
STATUTES REFERRED TO
