GODWIN MOGBEYI BOYO V. THE ATTORNEY GENERAL OF MID-WEST STATE
August 27, 2025MISR (NIGERIA) LTD. V. SALAH EL ASSAD
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 11431
In the Supreme Court of Nigeria
Fri May 28, 1971
Suit Number: SC 333/1970
CORAM
LEWIS, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
UFOT GEORGE ALIAS UDO OBOBO SUNDAY STEPHEN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st and the 2nd accused were engaged in a fight with the deceased Udo Davis and the 1st accused pierced a knife through the abdomen of Udo Davis. As the victim was being carried in a big basket to the house of P.W.2, he died on the way. Both accused were sentenced to death.
HELD
The Court allowed the appeal of the 2nd appellant and dismissed that of the 1st appellant. The conviction of murder and sentence of death passed on the 2nd appellant were therefore quashed and a verdict of acquittal substituted.
ISSUES
1. Whether the learned trial judge was in error in coming to the conclusion that there was intent by the appellants, if not to cause the death of the deceased, to cause him grievous harm as these findings were unsupported by the evidence
2. Whether the judge erred in law in recalling P.W.7 after the defence had closed its case and also admitting the hearsay evidence of P.W.7
RATIONES DECIDENDI
CALLING OF WITNESS AFTER CLOSE OF DEFENCE
In order that injustice should not be done to the accused, the calling of a witness after the close of the defence must be exercised with caution and should normally be limited to matters raised for the first time by the defence. Per Madarikan, JSC
CASES CITED
None
STATUTES REFERRED TO
Criminal Procedure Act
Supreme Court Act, 1960
