E.T AWOLEYE VS BOARD OF CUSTOMS AND ANOTHER
July 16, 2025CHIEF F. R. A. WILLIAMS VS DAILY TIMES OF NIGERIA LTD
July 16, 2025Legalpedia Citation: (1990-01) Legalpedia 10061 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jan 12, 1990
Suit Number: SC 130/1988
CORAM
A.O. OBASEKI, JUSTICE SUPREME COURT
M.L. UWAIS, JUSTICE SUPREME COURT
S. KAWU, JUSTICE SUPREME COURT
A.G.O. AGBAJE, JUSTICE SUPREME COURT
P. NNAEMEKA-AGU, JUSTICE SUPREME COURT
PARTIES
OZAKI & ANOR
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
ALIBI – HOW DISCHARGED?
STATEMENT OF A CO-ACCUSED – HOW TREATED IN CONVICTION OF AN ACCUSED PERSON?
SUMMARY OF FACTS
The appeal is against the concurrent finding of the lower courts in a charge of culpable homicide punishable with death against the appellants. The appellants were alleged to have gruesomely murdered a ‘fulani-herdman’ in circumstances which was shrouded in uncertainty. They in turn raised alibi, provocation and self-defence.
HELD
APPEAL ALLOWED
ISSUES
1. The Court of Appeal having found that there was misdirection in the assessment of the evidence offered as alibi, was the Court of Appeal right to have dismissed the appeal of the appellants?
2. Was the learned Judge right that there was no evidence on record to consider the case of provocation or self-defence as the appellants have retracted the story contained in their statements to the police?
3. Was the Court of Appeal right in holding that there can be no case of provocation for acts done in the absence of the appellants?
RATIONES DECIDENDI
WHEN THE DEFENCEOF PROVOCATION WILL AVAIL AN ACCUSED
“Provocation will not be as a defence for an accused who enraged by the acts of others, kills someone who committed no provoking acts through others”. (Per A.O Obaseki, JSC.)
MEANING OF ALIBI
“What is the meaning of alibi? It is a defence where an accused alleges that at the time when the offence with which he is charged was committed, he was elsewhere. It is the law that notice of intention to raise it must be given. This is normally done at the first possible opportunity by a suspect in answer to a charge by the police at the investigation stage to enable the truth or falsity of the allegation to be established by the police”. (Per A.O Obaseki, JSC.)
CONVICTING ON THE STATEMENT OF A CO-ACCUSED
“It is an error in law to convict an accused on the statement of another accused to the police. It is a travesty of justice and gross violation of all known rules of evidence. Section 27 of the Evidence Act forbids the use of such statement even when it is confessional”. (Per A.O Obaseki, JSC.)
WHEN A CONVICTION BASED ON AN INCRIMINATING STATEMENT CAN BE QUASHED
“It is my opinion that an incriminating statement made even in the hearing of an accused defendant, even on an occasion which could reasonably be expected to call for some explanation from him is not evidence against him on his trial of the fact therein stated save in so far as he has accepted the statement and where the statement is used to found or secure a conviction, the conviction must on appeal be quashed”. (Per A.O Obaseki, JSC.)
CASES CITED
1. R. v. Afonja (1955) 15 W.A.C.A. 265.
2. R. v. Lewis (1969) 2 Q.B. 1.
3. Adjo v. The State (1986) 3 NWLR 714; (1986) 2 N.S.C.C. 815.
4. Adedeji v. The State (1971)1 All NLR. 75.
5. Gachi v. The State (1965) N.M.L.R. 333.
6. Rex V. Philip Jonah & Ors. (l934-35) 2 WACA. 120
7. R. v. Haske (1961)1 All NLR. 330; [1961] 2 SCNLR. 90.
8. Fatoymbo v. Attorney-General, Western Nigeria (1966) WNLR. 4
9. Eze V The State (1 976) 1 S.C. 125.
10. Onafowakan v. The State (1987) 7 S.C.; (1987) 3 N.W.L.R. (Part 61) page 538; (1987) 2 N.S.C.C. 1101
11. Ortese Yanor & Ors v.The State (1965) N.M.L.R. 337.
12. Evbvomwan v.Commissioner of Police (1961) W.N.L.R. 257.
13. Patrick Njovens & Ors. V. The State (1973) 5 S.C. 17 .
14. Wasari Umani v.The State (1988)1 NWLR. (Pt. 70) 274.
15. Bozim v.The State (1985) 2 NWLR. (Pt. 8) 465; (1985) 7 S.C. 450; (1985) 2 NSCC. 1089.
16. Arebamen V. The State (1972) 4 S.C. 35 at p. 4 41; (1972) N.S.C.C. 194.
17. Ikono & Anor. v. The State (1973) 5 SC. 231(1973) NSCC. 352
STATUTES REFERRED TO
1. The Penal Code.
2. The Evidence Act
