TRUSTEES NIG. RAILWAY CORP. PENSIONS FUND V. ISAIAH AINA
August 27, 2025ABIODUN A. ODUSOTE V. OLAITAN O. ODUSOTE
August 27, 2025Legalpedia Citation: (1970) Legalpedia (SC) 71432
In the Supreme Court of Nigeria
Fri Jun 19, 1970
Suit Number: SC 78/1969
CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
LEWIS, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
PARTIES
JOSIAH ORUNGUA & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants were charged with Conspiracy to commit felony, stealing, obtaining money by false pretences and Forgery at the Lagos High Court and they were found guilty and convicted accordingly.
HELD
The Court held that that the Chief Justice was acting within his powers under section 340 (2) (b) of the Criminal Procedure Act in granting his consent to prefer the information in this case.
ISSUES
Whether the criminal information filed in the instant case was not permitted by law and it vitiated the whole proceedings.
RATIONES DECIDENDI
PRESUMPTION OF INNOCENCE
“It is trite law that an accused person is presumed to be innocent until the prosecution has established his guilt beyond reasonable doubt.” Per MADARIKAN, JSC.
CASES CITED
The Criminal Law Act, 1967
Administration of Justice (Miscellaneous Provisions) Act, 1933
STATUTES REFERRED TO
