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OZANA UBIERHO V. THE STATE

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OZANA UBIERHO V. THE STATE

Legalpedia Citation: (2004) Legalpedia (SC) 37261

In the Supreme Court of Nigeria

Mon Jul 5, 2004

Suit Number: SC. 54/2004

CORAM


ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT

DAHIRU MUSDAPHER JUSTICE, SUPREME COURT

IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT


PARTIES


OZANA UBIERHO APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant made a statement to the effect that he took part in the murder of the deceased which was corroborated by the evidence of prosecution witnesses. He denied making the statement at trial.


HELD


The court held that the confessional statement of the Appellant, notwithstanding its retraction, and the corroborative circumstances of that statement establish beyond reasonable doubt the guilt of the appellant.


ISSUES


1. Whether the learned Justices were right in affirming the ruling of the trial court which rejected the no case submission made on behalf of 4th accused person?2. Whether on the totality of evidence adduced, the learned Justices were right in holding that prosecution proved the case beyond reasonable doubt? 3. Whether the learned Justices were right in holding that the prosecution proved the culprit and cause of death of the deceased?


RATIONES DECIDENDI


CASES CITED


1) Saidu V. The State (1982) 4 SC 41; 2) Sunday Onungwa V. The State (1976) 2 SC.1693) R.v. Sykes (1913) 8 CAR 233. At p. 2364) Ntaha V. The State (1972) 4 SC.1;


STATUTES REFERRED TO


NONE


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