TUNDE ADAVA V THE STATE

CORAM

IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT

PARTIES

1. TUNDE ADAVA2. OHIARE OHINO APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants were in a group of people returning from a political rally, the first appellant was armed with a dane gun. The crowd attacked the buildings of some persons including the deceased residence. It was alleged that the 2nd Appellant ordered the 1st appellant to shoot the deceased. The deceased was treated by a herbalist who said he could remove the pellet or bullet in his stomach, he was returned to his house that same day he made statement to the police the next day but died two days later.

HELD

The court held that the prosecution failed to establish and prove the cause of death of the deceased an of the essential ingredient of the offence culpable homicide punishable with death, nonetheless, the accused was convicted for a lesser offence of causing hurt without provocation.

ISSUES

“(1) Whether the extra – judicial statements admitted in evidence as Exhibits 2, 5 & 6 were in conflict with the testimonies on oath of their respective makers P.W.2, P.W.4 and P.W.5.(2) Whether the Medical Report, Exhibit1, was conclusive as the cause of death.(3) Whether the defence of alibi was properly considered and rightly rejected.(4) Whether the lower Court was right to have come to the conclusion that the prosecution had proved its case.”

RATIONES DECIDENDI

FOR THE PROSECUTION TO SUCCEED IN A CHARGE OF CULPABLE HOMICIDE, ALL ELEMENTS OF THE OFFENCE MUST BE PROVED

It is settled that for a charge of culpable homicide punishable with death to succeed, the prosecution is required to prove the all the essential ingredients of the offence – failure to prove any of them means failure of the charge itself. PER KUTIGI JSC

ROLE OF A TRIAL COURT

The role of a trial Court is to hear evidence and make findings of fact based on the credibility of the witnesses and decide the merit of the case on the findings. PER KUTIGI JSC