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SYLVESTER UTTEH VS. THE STATE

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SYLVESTER UTTEH VS. THE STATE

Legalpedia Citation: (1992) Legalpedia (SC) 87171

In the Supreme Court of Nigeria

Fri Feb 14, 1992

Suit Number: SC. 189/1990

CORAM


MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT

SAIDU KAWU JUSTICE, SUPREME COURT

IKECHI FRANCIS OGBUAGU, JSC

ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT

ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT


PARTIES


SLYVESTER UTTEH APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was convicted for stealing and demanding by menace on the evidence of a witness who stated what he saw and heard what the complainant said about the demand made by the appellant. The appellant rested his case on that of the prosecution.


HELD


The court held that the appellant was rightly convicted.


ISSUES


1. Whether or not the evidence of PW.2 was sufficient for the conviction of the Appellant in the absence of the evidence of the complainant

2. In the alternative, whether such conviction based on the hearsay evidence of PW.2 can be sustained.

3. Whether the role played by PW.2 did not amount to that of an accomplice.


RATIONES DECIDENDI


CASES CITED


Subramaniam v. Public Prosecutor (1956) 1 W.L.R. 965, at p.969, P.C.


STATUTES REFERRED TO


The Criminal Code
The Evidence Act


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