CHIEF IMAM YESHUA POPOOLA OYESHILE SHODEINDE AND OTHERS V THE REGISTERED TRUSTEES OF THE AHMADIYYA MOVEMENT-IN-ISLAM
August 1, 2025L. L .LOOLO VS CHIEF DANIEL NWIKANE
August 1, 2025Legalpedia Citation: (1980-02) Legalpedia 91837 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Feb 8, 1980
Suit Number: LER[1963] SC 24/1978
CORAM
SOWEMIMO, JUSTICE SUPREME COURT
IDIGBE, JUSTICE SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
PARTIES
VALENTINE ADIE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – MURDER – CIRCUMSTANTIAL EVIDENCE – APPEAL
SUMMARY OF FACTS
The appellant and the deceased had an altercation while playing football which later culminated into a fight at the appellant’s hotel room, some hotel attendants intervened but the appellant pursued the deceased with a stick and continued the fight wherein he inflicted injuries on the deceased who later died.
HELD
The court held that the conviction and sentencing of the appellant be quashed on grounds that the prosecution did not lead evidence as to the size of the stick used by the appellant as well as failure to prove with any degree of certainty that the stick was capable of causing the injuries sustained by the deceased.
ISSUES
Whether the appellant has shown that the improper admission of the hearsay evidence of P.W.2 regarding pursuit of the deceased by appellant along Port Harcourt Street was so prejudicial to the appellant where the rest of the evidence was weak that the proceedings as a whole have not resulted in a fair trial.
RATIONES DECIDENDI
ON THE MEANING AND NATURE OF CIRCUMSTANTIAL EVIDENCE
‘Circumstantial evidence is as good as, sometimes better than any other sort of evidence, and what is meant by it is that there is a number of circumstances which are accepted so as to make a complete unbroken chain of evidence. If that is established to the satisfaction of the jury, they may well and properly act upon such circumstantial evidence.’ Per A. O. Obaseki, JSC
CASES CITED
1. P. L. Taylor & Ors. v R 21 Cr. App. R 20 at p.21
2. David Ifenado v The State, 1967 NMLR 200 at page 203
3. Owanso Agbeyin v The State 1967 NML.R. 129
4. Idirisu v. The State (1968) NMLR 88
5. Queen v. Olubunmi Thomas (1958) 3 FSC 8
STATUTES REFERRED TO
1. The Evidence Act
2. The Criminal Code
