May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 11581 In the Supreme Court of Nigeria Fri Feb 5, 2010 Suit Number: SC.395/2002 CORAM PARTIES EZEAKONAM NKEBISI JIDEOFOR ANYAEGBUE APPELLANTS THE STATE […]
CORAM
PARTIES
EZEAKONAM NKEBISI JIDEOFOR ANYAEGBUE APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with the murder of Maduneke who replaced the appellant as a guard. The deceased subsequently disappeared and was never found after the appellant threatened the deceased. He was convicted at the trial court, which was later affirmed at the court of appeal.
HELD
Appeal was dismissed and the sentences affirmed.
ISSUES
1. On the materials before the Court of Appeal, was the death of the deceased proved? If the answer to issue No. 1 above is in the affirmative (which it is not) then,?
2. Whether the Court of Appeal was right when relying on the evidence of PW5. Godfrey Emengini and previous threats alleged to have been issued to the deceased by the appellants, it held (affirming the decision of the trial court) that the guilt of the appellants had been proved beyond reasonable doubt.?
RATIONES DECIDENDI
THE RIGHT OF THE RELATION OF A DECEASED TO TESTIFY. FOR THE PROSECUTION
“There is no law which precludes a blood relation of a deceased person from testifying for the prosecution.” Per OGEBE J.S.C
WHEN A SINGLE WITNESS IS SUFFICIENT TO ESTABLISH A CASE.
“A single credible witness, can establish a case beyond reasonable doubt unless where the law required corroboration”. Per OGBUAGU J.S.C
WHEN APPELLATE COURT WILL NOT INTERFERE WITH JUDGEMENT OF LOWER COURT.
“The law is trite that unless the findings are not supported by credible and reliable evidence, (which there are in this case), and have led to miscarriage of justice an appellate court will not interfere with the judgment.” Per MUKHTAR J.S.C
CASES CITED
1. Oguonzee V the State (1999) 2 LRCN, 232, (1998) 5 NWLR (Pt. 551) 521
2. Ibodo v. Enarofia (1980) 5-7 SC 42,
3. Enang v. Adu (1981) 11 SC 4. Sasanya v. Onadeko 2005 8 NWLR part 926 page 185.