OYEYEMI OLOWOSOKE VS ISAIAH OKE
August 16, 2025MAMMAN BANDE VS THE STATE PAGE 1
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 11661
In the Supreme Court of Nigeria
Fri Oct 27, 1972
Suit Number: SC. 10/72
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
SOWEMIMO JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
PARTIES
RAIMI ISHOLA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Raimi Ishola (the appellant in this case) and three others were charged with conspiracy to burgle, breaking into and stealing from a radio store belonging to one Israel Oguntoye along Baleke Road, Boji Boji Agbor, contrary to Sections 443, 353(1) and 331 of the Criminal Code, Cap. 28 of Western Nigeria Laws, 1959 and applicable in the Mid-Western State of Nigeria.
HELD
That there was no evidence to convict the 1st Accused person and as such no proof of conspiracy.
ISSUES
Whether the 1st Accused person can be convicted upon the uncorroborated evidence of the 2nd Accused person?
RATIONES DECIDENDI
WHETHER THE AN ACCUSED PERSON CAN BE CONVICTED UPON THE UNCORROBORATED EVIDENCE OF A CO- ACCUSED PERSON
The aim of the warning, no doubt, is to dissuade the jury from convicting without corroboration, and the usual effect of it is acquittal. The position of a judge sitting without a jury is in no way different and he ought to lean heavily against convicting in such circumstances. He must bear in mind that he would be relying on the evidence of a corrupt person to convict someone who is presumed to be innocent, and that he would be doing something admittedly dangerous.-Per Taslim Olawale Elias, JSC
CASES CITED
Haruna & Anor. v. Commissioner of Police (1967) NMLR 145
Odofin Bello v. The State (1967) NMLR 1, at p.6
Oyediran v. The Republic (1967) NMLR 122, at p. 127
STATUTES REFERRED TO
The Evidence Act (Cap. 62 of 1958 Edition of the Laws of the Federation and Lagos)
