CHIEF MARY YOUNG JACK & 2 ORS. V. DELIVER IGONIKAN HARRY
August 4, 2025CHIEF NYONG ETIM & ORS V. CHIEF BEN E.A. OYO & ORS
August 4, 2025Legalpedia Citation: (1978-06) Legalpedia (SC) 36331
In the Supreme Court of Nigeria
Fri Jun 16, 1978
Suit Number: SC. 75/1975
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANDREWS O. OBASEKI , JUSTICE, SUPREME COURT
PARTIES
PAUL AMEH
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – ONUS OF PROOF – DEFENCE OF PROPERTY
SUMMARY OF FACTS
The appellant was convicted of culpable homicide by the trial court on the evidence of the prosecution which gave two versions of the circumstances which resulted in the appellant shooting the deceased with a dane gun. The statement of the appellant was obtained after six months of custody.
HELD
The court allowed the appeal, quashing the convictions of the appellant and entering a judgment of acquittal.
ISSUES
Whether the learned trial judge was right in convicting the appellant of the offence of culpable homicide
RATIONES DECIDENDI
DUTY ON THE PROSECUTION TO PROVE THE CASE PREFERRED AGAINST AN ACCUSED PERSON
In a criminal case, the onus throughout the trial is on the prosecution to prove its case beyond reasonable doubt. Even if an accused had admitted in a written statement to the police that he committed the crime, the court would still have to consider that statement along with the other testimony adduced by the witnesses for the prosecution in order to determine whether the confession was voluntary or not. – Fatayi – Williams J.S.C
CASES CITED
Not Available
STATUTES REFERRED TO
The Penal Code
