FORESTRY RESEARCH INSTITUTE OF NIGERIA V MR. I.A. ENAIFOGHE GOLD
June 3, 2025S.O. NTUKS & ORS V NIGERIAN PORTS AUTHORITY
June 3, 2025Legalpedia Citation: (2007) Legalpedia (SC) 76521
In the Supreme Court of Nigeria
Fri May 11, 2007
Suit Number: SC.284/2003
CORAM
PIUS OLAYIWOLA ADEREMI, JUSTICE, SUPREME COURT.
PIUS OLAYIWOLA ADEREMI, JUSTICE, SUPREME COURT.
PIUS OLAYIWOLA ADEREMI, JUSTICE, SUPREME COURT.
PIUS OLAYIWOLA ADEREMI, JUSTICE, SUPREME COURT.
PARTIES
SIMON EDIBO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant acting on radio information from the police command that a robbery had taken place pursued and murdered two of the alleged robbers, but it was found that the radio message was false. They were charged with conspiracy and culpable homicide punishable with death and were convcicted.
HELD
The Supreme Court held that the taking of the Appellant’s plea in the judge’s chamber was unconstitutional
ISSUES
1. Whether the Court below was right in affirming the decision of the trial court to the effect that the force used by the Appellant was far in excess of what was reasonably necessary to effect arrest.
2. Whether the Court below was right when it held that taking the plea of the Appellant in chambers by the learned trial judge is not unconstitutional.
RATIONES DECIDENDI
AN ACCUSED IS ENTITLED TO ALL DEFENCE EVEN IF IT WAS NOT RAISED BY HIM
“It is settled law that in criminal trials the court is not confined to considering only the defences raised by an accused person. An accused person in a criminal trial is entitled to any defence which, on the totality of the evidence, is available to him whether or not he specifically raised it himself. And the court including an Appellate court has a duty to carefully consider the entire evidence and give an accused person the benefit of any defence available therein to him notwithstanding the fact that it was not raised by him.” – Per Tabai, JSC
CASES CITED
1. Gabriel v. The State (1989) 5 N.W.L.R. (Pt. 122) 457 at 464
2. Chime v. Ude (1996) 7 NWLR (Pt. 461) 379
3. Sanmabo v. The State (1967) N.M.L.R. 314,
STATUTES REFERRED TO
The 1999 Nigerian Constitution
