ADETOKUNBO OGUNLANA & ORS VS THE STATE
June 10, 2025CHIEF S.L. DUROSARO V. T.A.A. AYORINDE
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 51453
In the Supreme Court of Nigeria
Fri Mar 11, 2005
Suit Number: SC.55/2004
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICENIGERIA
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT
PARTIES
SAMPSON NKEMJI UWAEKWEGHINYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant herein was arraigned for the offence of murder contrary to and punishable under Section 319 (1) of the Criminal Code cap 30, Laws of the former Eastern Nigeria applicable to Imo State. The Appellant was convicted and sentenced to death. The Court of Appeal also affirmed the conviction and sentence, hence this present appeal.
HELD
Allowing the appeal, thereby discharging and acquitting the appellant.
ISSUES
1. Whether the Court of Appeal was right in affirming that the trial court’s admission of and reliance on an alleged Confessional Statement of the appellant in a language which the appellant does not understand, and without interpretation did not lead to a denial of fair hearing and occasion a miscarriage of justice in the case.
2. Whether the Court of Appeal was right in affirming that there was no evidence before the trial Court to avail the appellant of the alternative defences of provocation and self defence.
3. Whether the Court of Appeal was right in confirming and affirming the conviction and sentence of the appellant by the trial Court
RATIONES DECIDENDI
CASES CITED
1. AJAYI VS. ZARIA N.A. [1963] 1 ALL NLR 169.
2. STATE VS. GWONTO [1983] I SCNLR 142.
3. QUEEN VS. IMADE-BHOR EQUABHOR [1962] 1 ALL NLR 287
4. EGBEDI VS. THE STATE [1981] 11 – 12 SC 98
5. AJAYI VS. ZARIA N.A. (No. 2) [1964] NNLR 61
6. KAJUBO VS. THE STATE [1998] 1 NWLR (Pt. 73) 721.
STATUTES REFERRED TO
1. The Constitution
2. Criminal Code Law
