Customer Support

IGBINOVIA
V.
THE STATE

(1981) JELR 46378 (SC)

Supreme Court 6 Feb 1981 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant was convicted of murder and sentenced to death by the High Court. - The appellant appealed to the Federal Court of Appeal to quash the conviction and sentence, but the appeal was dismissed. - The appellant has now appealed t

Case Details

Suit Number:SC.43/1979
Judges: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
Counsel:E.K.O. Babayeju, Esq. For Appellant A. Okpewono, Esq., (Principal State Counsel, Ministry of Justice, Bendel State) For Respondent
Other Citations:IGBINOVIA v. THE STATE (1981) 2 S.C. (REPRINT) 3

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.