IBRAHIM BATURE VS THE STATE
July 9, 2025IBRAHIM BATURE VS THE STATE
July 9, 2025Legalpedia Citation: (1994) Legalpedia (SC) 18816
In the Supreme Court of Nigeria
Fri Jan 21, 1994
Suit Number: SC. 145/1991
CORAM
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
SUNDAY BARIDAM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, was arraigned before the high court charged with the offence of murder. The learned trial judge found the appellant guilty of murder as charged. He was accordingly convicted and sentenced to death by hanging. Dissatisfied with the judgment of the trial court, the appellant appealed to the court of Appeal. The court of Appeal dismissed the appeal and affirmed the conviction and sentence passed on the appellant by the trial court. The appellant further appealed to the Supreme Court.
HELD
The appeal was dismissed. The conviction and death sentence passed on the appellant by the trial court and the Court of Appeal was affirmed.
ISSUES
That my sentence and conviction by the Hon. High Court judge and confirmed by the Hon. Justices of the Court of Appeal are altogether unreasonable, unwarranted and cannot be supported in law, having regard to the weight of evidence.
RATIONES DECIDENDI
DUTY OF THE APPELLATE COURT
“An appellate court can only hear and decide on issues raised in the grounds of appeal filed before it and that an issue which is not covered by the grounds of appeal must be struck out as incompetent.” Per IGUH, JSC
VALID OR PROPER GROUND OF APPEAL
“It has been laid down repeatedly that a ground of appeal which complains that the decision of the lower court is “altogether unreasonable, unwarranted and cannot be supported having regard to the weight of the evidence”, is not a valid or proper ground of appeal in criminal cases where the required onus of proof on the prosecution is beyond reasonable doubt.” Per IGUH, JSC
WHAT AN APPELLANT IS REQUIRED UNDER THE LAW TO ALLEGE
“What an appellant appealing against his conviction on the facts in a criminal case is required under the law to allege is that the verdict is altogether unreasonable, unwarranted and cannot be supported having regard to the evidence.” Per IGUH, JSC
CASES CITED
Samuel Aladesuru and others v. The Queen (1955) 3 WLR 515
Akanbi Enitan and others v. the State (1986) 3 NWLR (pt. 30) 604 at 608
Wankey v. The state (1993) 5NWLR. (Pt.295) 542 at 551
lbe v. The State(1992) 5 NWLR. (Pt.244) 642 at p.647
Imo v. The State (1991)9 NWLR. (Pt.213)
Ogundiyan v. The State (1991) 3 NWLR (Pt. 181) 519
Iteshi Onwe v. The State (1975) 9-11 S.C 23
R v. Oshunbiyi (1961)2 SCNLR 147;(1961) 1 All NLR 453
Ahusimen Omoregbe v. The State (1977) 3 FCA. 151
STATUTES REFERRED TO
NONE
