CORAM

COKER CHIEF JUSTICE, NIGERIA

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

SOWEMIMO A.G. JUSTICE, SUPREME COURT

PARTIES

P. C. AMOBI APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was convicted of the death of the deceased. The deceased went to the appellants room and when a commotion was heard people went to find out what happened. The deceased was found naked weak and vomiting. A stick(Exhibit 3) was found on the floor, later the deceased died.

HELD

The Supreme Court held that there was no direct evidence that the appellant used the stick on the deceased. It therefore wasnt proved that it was the appellant that killed the deceased. The conviction of the deceased was set aside and he was discharged and acquitted.

ISSUES

Whether the learned trial Judge erred in law in convicting the appellant of murder when the circumstantial evidence offered does not point irresistibly to murder by the appellant

RATIONES DECIDENDI

IMPORTANCE OF DIRECT EVIDENCE IN A MURDER TRIAL

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CASES CITED

STATUTES REFERRED TO

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