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ADEPETU
V.
THE STATE

(1998) JELR 45657 (SC)

Supreme Court 10 Jul 1998 Nigeria
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- The appellant was convicted of murder under section 319(1) of the Criminal Code Cap 30 Laws of Oyo State 1978 based solely on circumstantial evidence; there was no eyewitness to the killing of the deceased. - Critical facts established at

Case Details

Suit Number:SC.176/1997
Judges:ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC UTHMAN MOHAMMED JSC SYLVESTER UMARU ONU JSC
Counsel:J.A. Olanipekun (with him. A.A. Kareem) for the Appellant; P.F. Olayiwola. Solicitor General of Oyo State (with him, R.A. Olawuwo, Legal Officer, Ministry of Justice, Oyo State) for the Respondent.
Other Citations:Adepetu v. State (1998) 9 NWLR (Pt.565) 185 (1998) 7 S.C (Pt I) 117


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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