CORAM
PARTIES
ODUAK DANIEL JIMMY APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court convicted the Appellant on the charge of murder amidst his defence of self defence, accident/mistake and his insistence on lack of prove beyond reasonable doubt by the prosecution owing to palpable contradictions in the evidence of the prosecution witnesses. Both the Court of Appeal and the Supreme Court affirmed the decision of the trial Court.
HELD
APPEAL DISMISSED.
ISSUES
Whether in spite of the contradictions in the testimonies of respondent’s witnesses, if any, the respondent can be said to have discharged the burden the law places on it of proving the offence the appellant stands trial for beyond reasonable doubt.Whether the appellant is entitled to the defence of accident in the light of the evidence before the court.?
RATIONES DECIDENDI
MURDER CHARGE-INGREDIENTS TO SUSTAIN MURDER CHARGE
The ingredients that the prosecution requires to sustain the charge of murder are:
a. the death of the accused person;
b. the act or omission of the accused which caused the death; and
c. That the act or omission of the accused was intentional with the knowledge that the death or grievous bodily harm was its probable consequence.”PER FABIYI, JSC
SELF DEFENCE-PROVE OF SELF DEFENCE
It is a settled law that for an accused person to avail himself of self defence, he has to establish the following:-
1. That the nature of the attack by the deceased was such as to cause a reasonable apprehension
2. That the accused in fact apprehended death or grievous harm.” PER ONNOGHEN, JSC
ACCIDENT-DEFINITION OF ACCIDENT
“An accident is an unpleasant event that happens unexpectedly and not planned in advance. It negatives intention to cause what happened. An accident is the result of an unwilled act, an event which occurs without the fault of the person alleged to have caused.” PER ONNOGHEN, JSC
DEFENCE OF MISTAKE/ ACCIDENT-WHEN WILL THE DEFENCE OF MISTAKE/ACCIDENT AVAIL A PARTY
By the combined effect of the provisions of sections 24 and 316 of the criminal code law of Akwa-Ibom State, an appellant is absolved from criminal liability once evidence reveals that his act of killing the deceased would otherwise be criminal, is unintended.”PER MUHAMMAD, JSC
CONTRADICTION-WHEN WILL CONTRADICTION NOT AVAIL A PARTY
“Where the contradiction is not material and/or substantial, it will not tilt in the favour of the party relying on the contradiction.” PER MUHAMMAD, JSC
CONTRADICTORY STATEMENT-DEFINITION OF A CONTRADICTORY STATEMENT
“Contradictory statement is that which states the opposite of what is being contradicted. It is an affirmation of the contrary of what was earlier stated”. PER MUHAMMAD, JSC
CONTRADICTION-WHEN WILL CONTRADICTION AVAIL A PARTY
“Contradiction avails a party who raises it when the contradiction is material.” PER MUHAMMAD, JSC
PROOF BEYOND REASONABLE DOUBT-PROOF BEYOND REASONABLE DOUBT NOT SAME AS PROVE BEYOND ALL IOTA OF DOUBT
“Proof beyond reasonable doubt is not prove to the hilt or proof beyond all iota of doubt.”PER FABIYI, JSC
SELF DEFENCE AND ACCIDENT-IMPROPRIETY OF CO-RELIANCE ON SELF DEFENCE AND ACCIDENT
By the nature of the defence of self defence and accident, they are clearly odd bed fellows; they cannot operate side by side in a single case as the facts needed to support one are not the same with facts needed to establish the other.”PER ONNOGHEN, JSC
CONCURRENT FINDINGS OF LOWER COURT-IMPROPRIETY OF DISTURBING CONCURRENT FINDINGS OF LOWER COURTS
“It must be noted that concurrent findings of fact by the lower courts which findings, it is the practice of this court cannot be disturbed except upon established exceptional circumstances such as perversity of the findings, etc.” PER ONNOGHEN JSC
CASES CITED
OGUNBAYO V. THE STATE (2007) NSQLR (VOL.29)806 at 831-833SALE DAGAYYA V. THE STATE (2006) NSCQLR (VOL.25) 780 at 797- 798ADELUMOLA V. THE STATE (1988) NSIC (VOL. 19) (PT.1) 465OKEKE V. THE STATE (1996) 2NWLR (PT.590) 246 at 273ADEKUNLE C. THE STATE (2006) ALL FWLR (PT.332) 1452ASIRU V. THE STATE (1999) 1 SC; (1999) 1NWLR (PT.589) 87 AT 98UWAGBOE V. THE STATE (2008) 12 NWLR (PT.1102) 621 AT 639- 640
STATUTES REFERRED TO
Criminal code Law of Akwa -Ibom State