DR BASIL UKAEGBU V. THE ATTORNEY GENERAL OF IMO STATE
July 24, 2025LEONARD ERONINI & ORS VS FRANCIS IHEUKO
July 24, 2025Legalpedia Citation: (1983) Legalpedia (SC) 17111
In the Supreme Court of Nigeria
Fri Mar 18, 1983
Suit Number: SC. 69/1972
CORAM
ATANDA FATAI-WILLIAMS, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
PARTIES
THE STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent who was an opponent in an election was attacked with knives, horns, stones and sticks allegedly by members of a rival political party.
HELD
APPEAL ALLOWED
ISSUES
None
RATIONES DECIDENDI
WHAT AMOUNTS TO FAILURE OF JUSTICE
“There is a failure of justice not only when the court comes to the conclusion that the conviction was wrong but also when it is of opinion that the error or omission in the court below may reasonably be considered to have brought about the conviction, and when on the whole facts and in the absence of the error or omission, the trial court might fairly and reasonably have found the appellant not guilty” HURLEY C.J. PER NNAMANI J.S.C
CASES CITED
Abdu Dan Sarkin Noma v Zaria Native Authority (1963) N.N.L.R. 97 at 102.
STATUTES REFERRED TO
None
