FABIAN NWATURUOCHA V THE STATE

CORAM

JOHN AFOLABI FABIYl, JUSTICE, SUPREME COURT

PARTIES

FABIAN NWATURUOCHA APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant entered a vehicle and pushed out the owner at gun point and made away with the vehicle.  The owner gave evidence that he could recognize the appellant and the alibi he put up was found to be untrue.

HELD

The court held that there was need for identification parade in the circumstance and that the prosecution has established all the ingredients of the offence of robbery.

ISSUES

Whether the prosecution proved the case beyond reasonable doubt to warrant the affirmation of the conviction and sentence of the appellant by the Court of Appeal. Whether the learned Justices of the Court Appeal misdirected themselves on their evaluation of the evidence with which they found that the appellant did not give a detailed particularization of his whereabouts on the crucial day of the offence, which misdirection in turn, led to a miscarriage of justice to the appellant.

RATIONES DECIDENDI

PRECONDITION FOR IDENTIFICATION PARADE.

“There must be real doubt as to who was seen in connection with the offence to require an identification parade.” Per Fabiyi J.S.C

PROOF BEYOND REASONABLE DOUBT.

“Where all the essential ingredients of the offence charged have been proved or established by the prosecution, as done in this matter, the charge is proved beyond reasonable doubt.” Per Fabiyi J.S.C

CASES CITED

Ogoala v. The State (1991) 2 NWLR (Pt. 175) 509Sunday Ndidi v. The State (2007) All FWLR (Pt. 381) 1617; Archibong v. The State (2006) 14 NWLR (Pt. 1000) 349Alabi v. The State (1993) 7 NWLR (Pt. 307) 511 at 523

STATUTES REFERRED TO

None.

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