SALE DAGAYYA V THE STATE

CORAM

PARTIES

SALE DAGAYYA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant in the presence of the deceased granddaughter, a 14 yrs old girl macheted the deceased till she died. The deceased granddaughter gave evidence as an eyewitness. The Appellant was convicted and sentenced by the trial jugde and his conviction was affirmed by the Court of Appeal

HELD

The Court held that the trial court had made the required preliminary inquiry as to the intelligence of PW1, a child before receiving her testimony (not on oath). There was also sufficient evidence from other witnesses corroborating her evidence; therefore the conviction and sentence of the appellant were rightly affirmed by the Court of Appeal. Appeal was dismissed

ISSUES

Whether their Lordships of the Court of Appeal were not in error in their evaluation of the evidence of PW1 against the appellant regard being had to the provisions of section 183(1) and (3) of the Evidence Act in confirming the conviction and sentence of the appellant by the High Court. Whether in the light of the serious and material contradictions, doubts and inconsistencies in the case of the prosecution, the Court of Appeal was not in error to have affirmed the Judgment of the trial High Court bearing in mind that the prosecution had the duty to prove the guilt of the appellant beyond reasonable doubt.

RATIONES DECIDENDI

CORROBORATION

“The corroboration, need not be direct evidence that the accused person or Appellant, committed the crime, it is sufficient if it is merely circumstantial evidence of his connection with the crime.” Mbele V. The State.- Quoted by I.F. OGBUAGU, JSC.