JOHN NWAFOR & ANOR VS NWAMUO NDUKA & ANOR
August 22, 2025CHIEF ABIODUN ONIRU & ANOR VS RAIMI FAGBEMI & ANOR
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 10611
In the Supreme Court of Nigeria
Fri Apr 14, 1972
Suit Number: SC. 110/1971
CORAM
EMANUEL OBIOMA OGWUUGBU, JUSTICE, SUPREME COURT
NIKI TOBI) JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
PARTIES
UWADIALE AREBAMEN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant is convicted of arson on the unsworn testimony of a 10yrs old eye witness. The appellant pleaded alibi but there was discrepancies in the testimony of his witnesses to alibi.
HELD
The Supreme Court held that the accused was rightly convicted on both counts under Section 382 of the Criminal Code of the Midwest. The prosecution also dislodged the onus of disapproving alibi. The appeal was therefore dismissed.
ISSUES
Whether the learned trial Judge was wrong to reject the alibi because of the discrepancies of time.
Whether the learned trial Judge was wrong to rely on the uncorroborated evidence of the 3rd P.W. when she was only a girl of 10 as it was highly desirable to have corroboration of her testimony and dangerous to convict without it.
RATIONES DECIDENDI
UNCORROBORATED EVIDENCE OF A CHILD
“There is no requirement in law that the sworn testimony of a child must be corroborated” Per I.LEWIS, JSC
CASES CITED
The Queen v. Turner & Others (1957) Western Nigeria Law Reports
Akpan v.The State (1967) NMLR 185
STATUTES REFERRED TO
