HON. PRINCE CHINEDU EMEKA V CHIEF (MRS.) JOY EMORDI & ORS
June 11, 2025M. S. C. EZEMBA VS S. O. IBENEME
June 11, 2025Legalpedia 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