BASIL AKPAN V THE STATE
May 30, 2025ALL PROGRESSIVE GRAND ALLIANCE V. IKEDI OHAKIM & 2 ORS.
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 16303
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Apr 17, 2008
Suit Number: SC 123/2005
CORAM
M. E. OGUNDARE
CHIDI NWAOMA UWA
KUMAI BAYANG AKA’AHS JUSTICE, SUPREME COURT OF NIGERIA
KUMAI BAYANG AKA’AHS JUSTICE, SUPREME COURT OF NIGERIA
PARTIES
THE STATE APPELLANTS
FATAI AZEEZGANIYU LASISIKAREEM SHITTURASHEED ADESOYEISSA KALAM ADESOYENOAH ADEPOJU RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The respondents were charged for the murder of the deceased when their family attacked the family of the deceased over a land dispute. The prosecution did not call independent evidence to prove its case. The court of appeal upheld the respondents’ appeal against conviction.
HELD
The court dismissed the appeal.
ISSUES
1. Whether the Court of Appeal was right to have held that the Non calling of two independent witness by the prosecution, created doubt on the case of the prosecution sufficient to discharge and acquit the Respondents on the three count charge against them. 2. Whether having regard to the evidence led by the prosecution, the Court of Appeal was right to have held that the prosecution has failed to prove its case beyond reasonable doubt. 3. Whether the Court of Appeal was right to have refused and or neglected to give considerations to the issues formulated by the parties before in this case. 4. Whether the Court of Appeal was right to have refused and or neglected to adequately consider and properly examine the defence of Alibi raised by all the Respondents herein by contaminating same or mixing up same with the issue of non calling of two witnesses
RATIONES DECIDENDI
CASES CITED
1. Oluwatoba v. The State (1985) 1 NSCC 306;|2. Adamu v. State (1991) 4 NWLR (Pt.187) 530;|3. Amuneke v. State (1992) 6 NWLR (Pt.217) 338.|4. State v. Nnolim (1994) 5 NWLR (Pt.345) 394 at 406|5. Omogodo v. The State (1981) 5 SC 5;|6. Onah v. The State (1985) 3 NWLR (Pt.12) 236.|4. Alarape v. The State (2001) 2 SCNJ 162, (2001) 3 SCM, 1;|5. Ahmed v. The State (1998) 7 SCNS 560|6. Chukwu v. The State (1996) 7 NWLR (Pt.463) 686 at 701
STATUTES REFERRED TO
NONE|
