Just Decided Cases

SOLOMON AKPAN VS THE STATE

Legalpedia Citation: (1992-07) Legalpedia 78197 (SC)

In the Supreme Court of Nigeria

Holden At Abuja

Fri Jul 10, 1992

Suit Number: SC 225/1989

CORAM


A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT

KAWU JUSTICE, SUPREME COURT

NNAEMEKA-AGU JUSTICE, SUPREME COURT

U. OMO JUSTICE, SUPREME COURT

E.O. OGWUEGBU JUSTICE, SUPREME COURT


PARTIES


 

SOLOMON AKPAN

APPELLANTS 


THE STATE

RESPONDENTS 


AREA(S) OF LAW


OFFENCE OF MURDER

 


SUMMARY OF FACTS

The appellant was charged in the High Court with the murder of one Akpan Peter Udombang. After a trial, the learned trial Judge found the appellant guilty of murder as charged and sentenced him accordingly. The appellant appealed to the Court of Appeal in which the Court of Appeal held the appeal to be lacking in merit, dismissed and affirmed the conviction and sentence of the trial High Court. The appellant further appealed to the Supreme Court.

 


HELD


The appeal was dismissed. The judgment of the court below was affirmed.

 


ISSUES


AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM   1960   FSC 267/1959   [1960] NSCC 12

Whether the issues in the Respondent’s Brief of Argument attracting adverse comments by the Honorable Justices of the Court of Appeal and reformulated by them rendered the Brief defective and thereby occasioned a miscarriage of justice.

Whether the Court of Appeal was right in affirming the trial Judge’s findings of the extra-judicial statements of the appellant.

Whether the Court of Appeal was right in upholding the findings of the learned trial Judge rejecting the defenses of the appellant.

 


RATIONES DECIDENDI


DUTIES OF THE COURT


“It is trite that a “Court of Law does nothing in vain.” Per OMO, JSC.

 


CASES CITED



STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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