YAWALE SHARFAL VS THE STATE
July 11, 2025ONWOCHEI ODOGWU VS OTEMEOKU ODOGWU
July 11, 2025Legalpedia Citation: (1992-03) Legalpedia 76017 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Wed Mar 11, 1992
Suit Number: SC 248/1992
CORAM
UWAIS JUSTICE, SUPREME COURT
NNAEMEKA-AGU JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA JUSTICE, SUPREME COURT
BELGORE JUSTICE, SUPREME COURT
WALI JUSTICE, SUPREME COURT
UCHE OMO JUSTICE, SUPREME COURT
OGWUEGBU JUSTICE, SUPREME COURT
PARTIES
THE STATE
APPELLANTS
EMINE & ORS
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – CONTARDICTORY EVIDENCE
SUMMARY OF FACTS
The respondents were convicted by the trial court for murder on the contradictory evidence of prosecution witnesses.
HELD
The court held that the court of appeal was right in quashing the conviction and that the contradictions raised doubt in favour of the respondents.
ISSUES
1. Whether on the totality of the evidence as per the record, the prosecution/appellant has not proved its case against the respondents beyond reasonable doubt in accordance with section 137(1) of Evidence Act.
2. Whether the judgment of Court of Appeal was perverse when it set aside the judgment, conviction and sentence passed on the respondents on the 30th January, 1990 by the trial Judge, Justice E.Olukole at Degema High Court Rivers State basing its judgment on the evidence of PW. 1 which was only challenged at the Court of Appeal.
RATIONES DECIDENDI
DOUBT AS TO THE GUILT OF AN ACCUSED PERSON TO BE RESOLVED IN HIS FAVOUR
any doubt as to the guilt of the accused, arising from the contradictions in the evidence adduced by the prosecution on material Issues must be resolved in favour of the accused.’ Per Kawu J.S.C
CASES CITED
Igho v. The State (1975)11 S.C. 129
STATUTES REFERRED TO
