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OKORO MARIAGBE V THE STATE

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OKORO MARIAGBE V THE STATE

Legalpedia Citation: (1977-03) Legalpedia (SC) 11177

In the Supreme Court of Nigeria

HOLDEN AT ENUGU

Fri Mar 18, 1977

Suit Number: SC. 481/1975

CORAM


ALEXANDER, CHIEF JUSTICE, NIGERIA

IRIKEFE, JUSTICE, SUPREME COURT

MADARIKAN, JUSTICE, SUPREME COURT


PARTIES


OKORO MARIAGBE

APPELLANTS 


THE STATE

RESPONDENTS 


AREA(S) OF LAW


CRIMINAL LAW- MURDER-CIRCUMSTANTIAL EVIDENCE

 


SUMMARY OF FACTS

The appellant was charged with the murder of the deceased because he was seen with blood stains, awolowo weeds prevalent in the scene of the murder and his dagger was found at the scene of the murder too.

 


HELD


The court held that the case made by the prosecution against the appellant fell far short of the degree of conclusiveness sufficient to found a conviction based on circumstantial evidence.

 


ISSUES


Whether the sum total of the evidence produced by the prosecution against the appellant has that degree of conclusiveness that could form the basis of a conviction in respect of a crime

 


RATIONES DECIDENDI


EXAMINATION OF CIRCUMSTANTIAL EVIDENCE


Thus while we agree that circumstantial evidence is admissible in criminal cases “such evidence must be always narrowly examined, if only because evidence of this kind maybe fabricated to cast suspicion on another is also necessary before drawing the inference of the accused guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference. PER IRIKEFE JSC

 


CASES CITED


R V.OROROSOKADE (1960) 5 FSC 208

TEPER V. THE QUEEN (1952) AC 480

 


STATUTES REFERRED TO


Not Available

 


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