May 17, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 66113 In the Supreme Court of Nigeria Fri Jun 1, 2012 Suit Number: SC.12/2009 CORAM OLUFUNLOLA OYELOLA ADEKEYE JUSTICE, SUPREME COURT OLUFUNLOLA […]
CORAM
OLUFUNLOLA OYELOLA ADEKEYE JUSTICE, SUPREME COURT
OLUFUNLOLA OYELOLA ADEKEYE JUSTICE, SUPREME COURT
PARTIES
SABINA CHIKAODI MADU APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal was brought to the Supreme Court against the decision of the Court of Appeal, affirming the conviction and sentence of the Appellant to death for the murder of the deceased Nnenna Nwosu by the High Court.
HELD
The appeal was dismissed. The decisions of the lower courts were affirmed.
ISSUES
1. Whether the lower court was right when it upheld the conviction and sentence of the Appellant by the trial High Court, when the arraignment of the Appellant did not comply with the mandatory provisions of Section 36 (6) (a) of the Constitution of the Federal Republic of Nigeria 1999 and Section 215 of the Criminal Procedure Laws of Eastern Nigeria, 1963 as applicable to Abia State.2. Whether the Appellant was given fair hearing.?
RATIONES DECIDENDI
THE DOCTRINE OF “LAST SEEN”
“The law presumes that the person last seen with the deceased bears full responsibility for his death if it turns out that the person last seen with him is dead.” Per Olu Ariwoola, JSC
IN A CRIMINAL TRIAL, THE BURDEN OF PROOF IS ON THE PROSECUTION
“In a charge of murder, the burden is on the prosecution to prove that the deceased died, that the death was caused by the accused; that the accused intended to either kill the victim or grievously harm him.” Per Olu Ariwoola, JSC
CASES CITED
Francis Durwode V. The State (1997) 1 NWLR (Pt.482) 306 at 402lgabele Vs. The State (2006) 139 LRCN 1831Nwaeze Vs State (1996) 2 SCNJ 41-61 Gabriel Vs. State (1989) 3 NWLR (Pt.122) 457Idemudia Vs State (2001) FWLR (Pt.55) 549 of 564Akpam Vs. State (2001) FWLR (Pt.56) 735
STATUTES REFERRED TO
NONE