CHIEF J.K. ODUMOSU V. AFRICAN CONTINENTAL BANK LTD
August 6, 2025ONWEMWUNO AKO V. PETER EJEKWEMU
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 59860
In the Supreme Court of Nigeria
Fri Nov 19, 1976
Suit Number: SC. 284/1975
CORAM
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT (Reading the Leading Judgement)
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
PARTIES
PATRICK EFE & 6 ORS. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants abducted the deceased who was in the company of his siblings in a bush. The deceased pair of trouser was found in the house of one of the appellants while the deceased was not found despite all the searches carried out. The appellants were charged with the murder of the deceased.
HELD
The court held that the appellants are guilty of murder
ISSUES
Whether or not the decision of the court is supported by the evidence adduced at trial.
RATIONES DECIDENDI
STATUS OF DECISION OF TRIAL COURT BASED ON EVIDENCE
It is trite law that if there was evidence before the trial Judge from which he could reasonably have come to the conclusion to which he did; our duty is to uphold his decision unless there is such error in the trial of such a major character which would amount to miscarriage of justice… BELLO, JSC
CASES CITED
Michael Omisade & Ors. v. The Queen (1964) 1 All NLR 233 at 256
Muonwen & 4 Ors. v. The Queen (1963) 1 All NLR 95
Rex v. Sala and Sati 4 WACA 10
R v. Michael Onufrejczyk 39 Cr. App. R 1
STATUTES REFERRED TO
Section 8 of the Criminal Procedure Code
