POLYCARP OJOGBUE & ANOR VS AJIE NNUBIA & ORS
August 19, 2025MOLO HU & ANOR VS THE STATE
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 61141
In the Supreme Court of Nigeria
Fri Jun 16, 1972
Suit Number: S.C 50/71
CORAM
OPUTA
UDOMA JUSTICE, SUPREME COURT
IRIKEFRE JUSTICE, SUPREME COURT
PARTIES
SAMBO KUMBUL APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant saw the deceased lying on the ground and set him on fire. He was charged with culpable homicide punishable with death.
HELD
The court held that the offence of culpable homicide punishable with death was not proved against the appellant.
ISSUES
Whether at the time accused set fire to the deceased the body was dying or dead
RATIONES DECIDENDI
BENEFIT OF DOUBT RAISED IN A CRIMINAL TRIAL
“The benefit of any doubt raised in a trial must be given to an accused person. – Per T.O. Elias, C J N.
CASES CITED
RV CHURCH (1965) 49 CR.APP.R. 206
STATUTES REFERRED TO
PENAL CODE
