May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 47105 In the Supreme Court of Nigeria Fri Mar 19, 2010 Suit Number: SC. 317/2008 CORAM JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT […]
CORAM
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
JAMES OGENYI OGEBE, JUSTICE, SUPREME COURT
PARTIES
P. C. O. OLUDAMILOLA APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was a police officer who shot the deceased when he went to the station in sympathy. The appellant claimed it was an accidental discharge. The trial court convicted and sentenced him. His appeal to the Court of Appeal was dismissed. He has further appealed.
HELD
Appeal dismissed
ISSUES
1. whether the death of the deceased was caused by a gun shot deliberately and intentionally fired by the Appellant as contended by the prosecution or it was caused by an accidental discharge of the gun or pistol in the hands of the Appellant as pleaded as a defence by the Appellant.?
RATIONES DECIDENDI
WHEN THE SUPREME COURT WILL NOT INTERFERE WITH LOWER COURTS.
It is not the duty of this court to interfere with the concurrent findings of fact made by the trial court and the Court of Appeal unless such findings are perverse or are not supported by the evidence or as a result of a wrong application of any principle of substantive law or procedure resulting in miscarriage of justice. Per OGEBE J.S.C
PRESUMPTION INHERENT IN DEFENCE OF ACCIDENT.
The defence of accident, like all other defences, presupposes that the accused person, physically committed the offence, but should be acquitted because it was an accident. Per OGBUAGU J.S.C
PROOF OF MURDER
In order to sustain a charge of murder under Section 221 of the Penal Code, prosecution must prove beyond reasonable doubt the following-
(a) That the death of a human being took place.
(b) that such death was caused by the accused.
(c) That the act of the accused that caused the death was done with the intention of causing death/or that the accused knew that death would be probable consequence of his act. Per ADEKEYE, JSC
CASES CITED
1. Albert Afegbai v Attorney-General of Edo State & Anor. (2001) 14 NWLR (Pt.733) 425.
2. Chukwu v. The State (1992) 1 NWLR (Pt. 217) 255 @ 265; (1992) 1 SCNJ 57;
3. Daniels v. The State (1991) 8 NWLR (Pt. 212) 715;
4. Nwodu v. The State (1991) 4 NWLR (Pt.185) 341
5. Braide v. The State (1997) 5 NWLR (Pt.504) 141; (1997) 5 SCNJ 178.
STATUTES REFERRED TO
1. Penal Code