DR ESIN A. ESIN VS MATZEN Y. TIMM ( NIGERIA) LTD
September 1, 2025GRACE AMANAMBU VS ALEXANDER OKAFOR AND CHUKWINLO ULASI
September 1, 2025Legalpedia Citation: (1966-08) Legalpedia 13796 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Aug 26, 1966
Suit Number: SC 308/1966
CORAM
ADEMOLA CHIEF JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
OGBU NWAGU
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
Criminal Law -Burden of Proof
SUMMARY OF FACTS
Ogbu Nwagu was convicted on 19 May, 1966 by Kassim J. at Afikpo on an information which accused him of murdering Oji Nwokorie at UmudomiOnicha on 29 December, 1965.
HELD
The Court considers that the conviction for murder was wrong and directs a verdict of manslaughter to be substituted, and sentences the appellant to a term of three years imprisonment with hard labour.
ISSUES
Whether the trial judge rightly convicted the accused person on the defence put forward?
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 4Whether the trial judge rightly convicted the accused person on the defence put forward?
RATIONES DECIDENDI
BURDEN OF PROOF IN CRIMINAL MATTERS.
‘the onus does not shift onto the accused person to establish any defence’ -Per Bairamian, J.S.C.
CASES CITED
Woolmington v. Director of Public Prosecutions [1935] A.C. 462;
STATUTES REFERRED TO
