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THE STATE V JOHN OGBUBUNJO AND ORS

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THE STATE V JOHN OGBUBUNJO AND ORS

Legalpedia Citation: (2001) Legalpedia (SC) 91147

In the Supreme Court of Nigeria

Fri Jan 19, 2001

Suit Number: SC. 43/1999

CORAM


ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT

OKAY ACHIKE, JUSTICE, SUPREME COURT


PARTIES


THE STATE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The respondents and four others were alleged to have murdered one Celestina Amucha on or about 25th day of September, 1988 in Obollo Mbano, Imo State.


HELD


The prosecution’s case in the case on appeal herein is so riddled with suspicion in all its ramifications that no reasonable tribunal would convict on the evidence adduced thereon.


ISSUES


Whether the court below was right in its decision in setting aside the judgment of the trial High Court which convicted and sentenced the Respondents for murder and substituting verdict of discharge and acquittal in favour of the respondents.


RATIONES DECIDENDI


PROOF OF EVIDENCE


“Suspicion however strong is no substitute for proof by cogent evidence.” Per Sylvester Umaru Onu, JSC


CASES CITED


1. Michael Alor v. The State (1997) 1 NWLR (Part 501) 5112. Igboji Abieke v. The State (1975) 9 – 11 SC. 97


STATUTES REFERRED TO


None.


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