JOSEPH EKWERE & ORS VS NAKMAKOSI IYIEGBU & ORS
August 19, 2025THE STATE VS HASSAN AUDU
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 10021
In the Supreme Court of Nigeria
Fri Jun 16, 1972
Suit Number: SC. 356/1971
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
UDOMA JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
UMARU BUYU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Accused/Appellant unlawfully caused the death of one Jauro Kadiri, his father in law, he was convicted and the appellants appeal was dismissed.
HELD
The court held that the prosecution has in all respects discharges the burden of proof which lay upon it. The accused was motivated by hatred of his father in law because of the latters effort to break up his marriage.
ISSUES
Whether the lower court was right in holding that the learned counsels objection to the tendering of the stick as an exhibit would have been valid had the defence itself not put it in evidence and cross examined a prosecution witness on it.
RATIONES DECIDENDI
FAILURE THE DISCHARGE THE BURDEN OF PROOF IN A CONVICTION OF CULPABLE HOMICIDE.
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CASES CITED
STATUTES REFERRED TO
Criminal Procedure Code
Evidence Law of the Northern State
Penal Code.
