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SUNDAY OKODUWA AND ORS VS THE STATE

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SUNDAY OKODUWA AND ORS VS THE STATE

Legalpedia Citation: (1988-04) Legalpedia (SC) 41177

In the Supreme Court of Nigeria

Fri Apr 29, 1988

Suit Number: SC 5/1987

CORAM


NNAMANI JUSTICE, SUPREME COURT

ESO JUSTICE, SUPREME COURT

BELGORE JUSTICE, SUPREME COURT

AKPATA JUSTICE, SUPREME COURT


PARTIES


SUNDAY OKODUWA

PATIENCE AGHAMELO

PATRICK OGUN

ANTHONY UGBOKE

AUGUSTINE OBOH

KENNEDY IYINBOR

APPELLANTS 


THE STATE

RESPONDENTS 


AREA(S) OF LAW


Not Available

 


SUMMARY OF FACTS

The Appellants, Sunday Okoduwa, Patience Aghamelo, Patrick Ogun, Anthony Ugboke, Augustine Oboh, Anthony Usman Gogo and Kenedy lyinbor were charged for Robbery, punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970.

 


HELD


APPEAL ALLOWED

 


ISSUES


Not Available

 


RATIONES DECIDENDI


THE PART IN WHICH A JUDGE TAKES WHILE WITNESSES GIVE EVIDENCE IS AT ITS DISCRETION


“The part which a Judge ought to take while witnesses are giving their evidence must, of course, rest with his discretion. But with the utmost respect to the Judge it was, I think, unfortunate that he took so large part as he did …………………..It is of course, always proper for a Judge – and it is his duty – to put questions with a view to elucidating an obscure answer or when he thinks that the witness has misunderstood a question put to him by counsel. If there are certain matters which the Judge considers have not been sufficiently cleared up or questions which he himself thinks ought to have been put, he can, of course take steps to see that the deficiency is made good. It is I think generally more convenient to do this when counsel has finished his questions or is passing to a new subject” LORD GREEN MR, PER NNAMANI J.S.C

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


CLICK HERE TO READ FULL JUDGMENT 

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