Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



IGBINOVIA
V.
THE STATE

(1981) JELR 46378 (SC)    

Supreme Court  ·  SC.43/1979 ·  6 Feb 1981 ·  Nigeria
 · 
Other Citations
IGBINOVIA v. THE STATE (1981) 2 S.C. (REPRINT) 3
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
confession
first accused
5th p.w.
learned trial judge
federal court of appeal
second accused
benin city
high court
learned appeal court judges
police cell
trial judge
decision of the federal court of appeal
14th day of november
alleged confession
considered judgment
evidence of p.w.4
first accused person
prejudicial evidence
above grounds
admission of the alleged confessional statement of the appellant
better understanding
criminal case
deceased drive
evidence of 1st p.w
first issue
following grounds
house of the deceased
judgment of the trial court
leading judgment
licensing authority
murder charge
particulars of misdirection
police authority
presence of other suspects
recapitulation of the primary facts
reception of prejudicial evidence
record of the evidence of 5th p.w.
relevant admissible evidence
said cell
said johnson omoregie
said police cell
second issue
such prejudicial evidence
sufficient evidence
sunday egharevba
taxi-cab of the deceased
weight of evidence
words of 5th p.w.

A. O. OBASEKI, JSC (Delivering the Leading Judgment): My Lords, the appellant was tried and convicted on a murder charge by the High Court (Unurhoro, J.) at Benin City on the 14th day of November, 1977, and sentenced to death. Being aggrieved by the conviction and sentence, he appealed to the Federal Court of Appeal to quash the conviction and sentence. After hearing, the Federal Court of Appeal dismissed his appeal in a considered judgment delivered on the 10th day of May, 1979. He has now appealed to this court on the following grounds:

"(1)The decision of the Federal Court of Appeal in upholding the judgment of the trial court was unwarranted having regard to the weight of evidence.

The Federal Court of Appeal misdirected itself in law when it upheld the reception of the highly prejudicial evidence by the trial Judge by upholding the admission of the alleged confessional statement of the appellant when there was no proof that such a statement was made and this admission has occasio…

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