JACOB A. JOLAYEMI & ORS VS ALHAJI ALAOYE
June 11, 2025FRANCIS C. ARINZE VS FIRST BANK OF NIGERIA
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 71153
In the Supreme Court of Nigeria
Fri May 28, 2004
Suit Number: SC. 235/2002
CORAM
PARTIES
1. PETER ORISAKWE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant killed the deceased. At the trial, it was alleged by a letter that the birth certificate tendered which showed that the accused was less than 17 years was a forgery, the court then ordered a mini trial where a doctor from the hospital stated that the certificate did not originate from the hospital.
HELD
The court held that the procedure was irregular but that since the accused had admitted that he was above seventeen but not yet 18, his age was irrelevant to the present proceeding thus there was no miscarriage of justice.
ISSUES
1. Whether the learned Justices of the Court of Appeal were right in affirming that the procedure adopted by the trial Court in calling an additional witness re-calling two other witnesses and in conducting a mini-trial within main trial for the determination of the age of the Appellant, after both the prosecution and the defence had closed their case, did not lead to a denial of fair hearing to the appellant.2. Whether the Court of Appeal was right in affirming the conviction and sentence of the Appellant by the trial Court”.
RATIONES DECIDENDI
A TRIAL JUDGE SHOULD NOT BE INFLUENCED BY ANY EVENT OUTSIDE HIS COURT
“It is dangerous for a trial judge to allow himself to be influenced by any extraneous event which takes place outside his court, because such could lead to a miscarriage of justice.” Per UWAIS, CJN
CALLING OF WITNESSES AFTER CLOSE OF DEFENSE
“It is irregular for a trial judge to recall an accused or call a witness after the close of defense.” Per UWAIS, CJN
CASES CITED
None
STATUTES REFERRED TO
None
