CLAY INDUSTRIES (NIGERIA) LTD. VS ADELEYE AINA & ORS
July 2, 2025IDEHEN DANIEL E. VS DAVID EHIGIE OSEMWENKHAE
July 2, 2025Legalpedia Citation: (1997) Legalpedia (SC) 97168
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 17, 1997
Suit Number: SC.137/1996
CORAM
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
U. MOHAMMED
A.I. IGUH
PARTIES
STEPHEN EMOGA APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The appellant was convicted at the High Court of Bendel State, for the offence of murder and sentenced to death by hanging.
HELD
In the result, I am satisfied that the learned trial judge made a correct decision in convicting the appellant and sentencing him to death. The Court of Appeal is right in affirming the decision. The appeal is dismissed. I affirm the judgment of the court below.
ISSUES
1. Is the lower court right to affirm the conviction and sentence passed by the trial court against the appellant? 2. Whether the Court of Appeal was right in applying the inconsistency rule to the extra-judicial statement of the appellant and his evidence in Court.
RATIONES DECIDENDI
CONTRADICTIONS IN EVIDENCE
The law is very clear that where a witness’s statement to the Police contradicts his evidence in court, the court should regard him (i.e. accused in this case) as an unreliable witness and discountenance both his statement to the Police and his evidence in court.
PROPER PROCEDURE IN DRAWING THE COURT’S ATTENTION TO THE CREDIBILITY OF A WITNESS
The proper procedure in drawing the court’s attention to the credibility of a witness is to cross-examine him as to his credit.
CASES CITED
R. v.Sweet-Escott (1971) 55 Cr. App. R. 316R. v. Golder45 CA.R. 5,R. v. Joshua (1964) 1 All NLR page I.
STATUTES REFERRED TO
EVIDENCE ACT|
