May 17, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 20641 In the Supreme Court of Nigeria Fri Jun 15, 2012 Suit Number: SC.113/2008 CORAM MUHAMMED SAIFULLAHI MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT PARTIES […]
CORAM
MUHAMMED SAIFULLAHI MUNTAKA-COOMASSIE, JUSTICE, SUPREME COURT
PARTIES
OLUWOLE AKINDIPE APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, then a military police officer attached to the special investigation unit the Nigerian Army, Ibadan , and two others were tried on an information with three counts of demanding money with menaces with intention to steal contrary to and punishable under S. 346 of the criminal code cap. 28 VOL.I laws of the Western Nigeria 1959.?
HELD
Appeal Dismissed.?
ISSUES
1. Whether or not the appellant made the demand for money with requisite intent?
2. Whether the prosecutions prove their case beyond reasonable doubt?
RATIONES DECIDENDI
MEANING OF REASONABLE DOUBT
“Proof beyond reasonable does not mean or import or connote proof beyond any degree of doubt. The expression is a concept founded on a reasonable and rational and critical examination of a state of facts and law rather than in fancied whimsical or capricious and speculative doubt” PER SYLVESTER NGWUTA J.S.C
CASES CITED
STATE V ONYEKKWU (2004) 14 NWLR (PT. 813) 340 SC
STATUTES REFERRED TO
NONE