ADEKUNLE OJORA V. S. A. O. BAKARE
August 8, 2025SUNDAY ONUNGWA V. THE STATE
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11116
In the Supreme Court of Nigeria
Fri Jan 16, 1976
Suit Number: SC. 224/1974
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
PETER NWACHUKWU EZE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was alleged to have taken part in the assault and abduction of the deceased who was later found dead in a near by river after a week. He was convicted of murder
HELD
The court upheld the conviction of the appellant as he was proved to be one of those who assaulted and abducted the deceased
ISSUES
Whether or not the court has rightly admitted the evidence of PW2 considering the age of the witness
Whether the court ought not to accept the defence of alibi raised by the appellant
RATIONES DECIDENDI
CIRCUMSTANTIAL EVIDENCE
If a man forcibly abducts another from his or her home and his or her body is later found dead, the man who abducts him cannot escape the inference that he killed the person… OBASEKI, AG. JSC
PROOF OF ALIBI
A man who puts up an alibi as a defence has the evidential burden cast on him – the burden of adducing evidence to show where he was at the material time…OBASEKI, AG. JSC
CASES CITED
Gachi & Ors. v. The State (1965) NMLR 333 said at p.334
R.v. Harry Lazarus Lobell (1957) 41 Cr App
STATUTES REFERRED TO
Evidence Law of Eastern Nigeria, Cap 49
The Criminal Code
