BOY MUKA & ORS V. THE STATE
August 7, 2025LUCY ONOWAN & ANOR VS J. I. ISERHIEN
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 73106
In the Supreme Court of Nigeria
Fri Oct 22, 1976
Suit Number: SC. 329/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
PARTIES
OBALUM ANEKWE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused person was alleged to have murdered the deceased in a bush. There was no eye witness except the PW2 who met the accused person shortly after the incident. The appellant was convicted of murder on the testimony of PW2.
HELD
The court upheld the appeal and acquit the accused person as the evidence PW2 being a circumstantial evidence is not cogent and convincing.
ISSUES
Whether the testimony of the 2nd P.W. is cogent, convicting or reliable enough to sustain the conviction of the accused/appellant for murder
RATIONES DECIDENDI
PROOF IN CRIMINAL MATTERS
In any case, as we have pointed out on many occasions, mere telling of lies by an accused person is not evidence of the commission of any offence, let alone murder. The prosecution must still prove their case beyond reasonable doubt. FATAYI-WILLIAMS, JSC
CIRCUMSTANTIAL EVIDENCE
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CASES CITED
R. v. Ratten (1972) AC 378
STATUTES REFERRED TO
None.
