TAIWO & ORS V. LAWANI & ORS
August 9, 2025JONAH ABBEY KALIO & ORS VS CHIEF M.D. DANIEL-KALIO
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 44417
In the Supreme Court of Nigeria
Fri Feb 21, 1975
Suit Number: SC. 130/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
THE STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused was charged with performing illegal abortions on two women.
HELD
The Supreme Court held that in a situation where the totality of the evidence in a criminal trial is equivocal, in the sense that it is consistent with both the guilt and the innocence of the respondent, a verdict of acquittal should be recorded.
ISSUES
Whether the learned trial judge was wrong in law by failing to convict the accused
RATIONES DECIDENDI
WHERE TOTALITY OF THE EVIDENCE IN A CRIMINAL TRIAL IS EQUIVOCAL
“In a situation such as this, where the totality of the evidence in a criminal trial is equivocal, in the sense that it is consistent with both the guilt and the innocence of the respondent, we fully endorse the action of the learned trial Judge in recording a verdict of acquittal in his favour on both heads of charge after finding that the prosecutions case had not been proved beyond reasonable doubt.” Per IRIKEFE, JSC
CASES CITED
STATUTES REFERRED TO
The Penal Code
