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.