J. OMERIGWE ATTAH V. THE ELDERS OF THE RULING HOUSES OF OSIKORO & EFOFU CLANS IN AGILA DISTRICT
August 7, 2025OBAJI AGA V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 21111
In the Supreme Court of Nigeria
Tue Jun 22, 1976
Suit Number: SC. 32/1978
CORAM
BELLOJUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
A.B WALI – JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
PARTIES
SAMUEL ADAJE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant was convicted for the murder of Mr.Johnson Uduenye at the Sapele Judicial Division of the High Court of Bendel State and he was sentenced to death. Being aggrieved by the above decision, the appellant appealed unsuccessfully to the Court of Appeal, and now to the Supreme Court.
HELD
No merit was found in the appeal, it was dismissed.
ISSUES
1. Whether the plea of self-defense would avail the appellant.
2. Whether all witnesses whose names are at the back of the indictment but are not called to testify, should such witness be cross-examined by the defendant counsel?
RATIONES DECIDENDI
PROCEDURE FOR A SUCCESSFUL PLEA OF SELF DEFENSE AND THE RULE REGULATING THE NUMBER OF WITNESSES CALLED
For the plea of self-defense to succeed there must be evidence to which it could be tied, evidence of one being in imminent danger of his own life. A.G. Irikefe, JSC
PROSECUTIONS RIGHT TO CALL WITNESSES
The law imposes no obligation on the prosecution to call a host of witnesses. All the prosecution needs do is to call enough material witnesses in order to prove its case. A.G. Irikefe, JSC
CASES CITED
1. See Adel Muhammed El Dabbah v. Attorney-General for Palestine (1944) AC 156
2. R. v. Ologen – 2 WACA p.333
3. R. v. Owusu – 8 WACA p. 167 at p. 169
4. R. v. Hycienth Egbe – 13 WACA. p.105 at p.106
5. Dinkerrai Ramkrishna Pandya v. Regina – Vol. II No.II 1958 Journal of African Law p.122.
STATUTES REFERRED TO
None
