Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ADEPETU
V.
THE STATE

(1998) JELR 45657 (SC)    

Supreme Court  ·  SC.176/1997 ·  10 Jul 1998 ·  Nigeria
 · 
Other Citations
Adepetu v. State (1998) 9 NWLR (Pt.565) 185 (1998) 7 S.C (Pt I) 117
Adepetu v. State (1998) 9 NWLR (Pt. 565) 185
CORAM
ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC UTHMAN MOHAMMED JSC SYLVESTER UMARU ONU JSC

Ratio Decidendi

Core Terms Beta
appellant
evidence
circumstantial evidence
learned trial judge
facts
death of the deceased
reasonable doubt
conviction of the appellant
credible evidence
direct evidence
mesiogo restaurant
saloon car
accused person
coroner's inquest
laws of oyo state
place of work
ranti moradeyo
accused's office
court of appeal
medical report
murder case
police station
prosecution case
support of its case
above findings of fact
act of the appellant
appellant mr. olanipekun
appellant's conviction
body of a deceased person
case submission
cause of the deceased
coroner's law
criminal trial
deceased ranti
deep long cut
defence counsel
following account
following account of his movement
following findings of fact
give explanation
guilt of an accused person
later event
leading judgment
lead judgment of that court
left mesiogo hotel
left mesiogo restaurant
place of work of the deceased
such suspicion
sufficiency of circumstantial evidence


OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal raises the question as to what circumstantial evidence will suffice to ground conviction in a criminal trial, particularly in a murder case.

The appellant was arraigned before the High Court of Oyo State of the Ibadan Judicial Division on a charge that he, on or about the 21st day of November 1990 at Sanyo area along Lagos-Ibadan expressway murdered one lady called Ranti Moradeyo and that he thereby committed an offence contrary to, and punishable under, section 319(1) of the Criminal Code Cap 30 Laws of Oyo State 1978. He pleaded not guilty to the charge. At the trial, prosecution called nineteen witnesses in support of its case. Following the overruling by the learned trial Judge of a no case submission made by the defence counsel, the appellant gave evidence and called one other witness in his defence. At the close of the trial and after addresses by learned counsel for both the prosecution and the defence, the learned…

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