CORAM
U. MOHAMMED, JUSTICE SUPREME COURT
OBASEKI
OLATAWURA
JUSTICE CHARLES EFANGA ARCHIBONG JUDGE.
PARTIES
TAIYE OSHOBOJA ( For himself and as representative of Oshoboja Family of ijegun APPELLANTS
ALH. SURAKATU J. AMUDA AND OTHERS 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|