Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


JELR 61458 (CA)    
Court of Appeal  ·  CA/I/43/91 ·  Nigeria
Other Citations
2 NWLR PART 379 PG 636

Ratio Decidendi

Editorial Summary
The appellant was convicted by the High Court for the murder of one Kamoru and sentenced to death. He filed this appeal to the Court of Appeal against his conviction and sentence. After a review of the evidence, the Court held that the evidence adduced by the prosecution did not point to the appellant. Thus, his conviction and sentence were quashed and he was discharged and acquitted.
Core Terms Beta
broken bottle
circumstantial evidence
lower court
1st accused
right chest wall
sunday oloyede
trial judge
10th prosecution witness
case of the prosecution
day of the incident
learned trial judge
mere fact
musical group
offence of murder
oke-offa atipe
pool of blood
record of proceedings
right lung
statement exhibit p2
supreme court
2nd accused
above conclusion
chung yi miao
criminal code
demeanour of an accused person
evidence act
exhibit p.4
facts of the case
guilt of the accused person
ibadan high court
judgement of the lower court
judicial authorities
laws of oyo state
mind of the court
murder case
respondent witness
right hand
sam mofor
stab wound
strong argument
strong circumstantial evidence
success of the prosecution
telling of lies
trial court
whole case ought
whole evidence

GEORGE ADESOLA OGUNTADE, JCA (Delivering Leading Judgement):

The appellant was one of two persons charged with the offence of murder before the Ibadan High Court. He was the 1st accused. The two were alleged to have murdered one Waidi Agunbiade on 29th January, 1988 at Oke-Offa Atipe contrary to Section 316 and punishable under section 319(1) of the Criminal Code, Cap. 30 Vol. II, Laws of Oyo State, 1978.

The prosecution called 11 witnesses. The appellant testified in his own defence. The 2nd accused also testified in his own defence. Counsel addressed the court and the trial Judge M. O. Adio J on 30 July, 1990 delivered judgment. The appellant was convicted of the offence of murder and accordingly sentenced to death. The 2nd accused was discharged and acquitted. I shall in this judgment hereafter refer to the appellant as the accused.

The accused was dissatisfied with the judgement of the lower court. He has brought this appeal against it. He has further amended notice of appeal filed w…

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