IMOH
V.
STATE

(2016) JELR 57795 (SC)    

Supreme Court  ·  SC.310/2012 ·  1 Jul 2016 ·  Nigeria
 · 
Other Citations
Imoh v. State (2016) 17 NWLR (Pt. 1540) 117
CORAM
OLABODE RHODES-VIVOUR JSC (Presided) NWALI SYLVESTER NGWUTA JSC MARY UKAEGO PETER-ODILI JSC MUSA DATTIJO MUHAMMAD JSC (Read the Lead Judgment) AMIRU SANUSI JSC
Core Terms Beta
appellant
state
exhibit
trial court
appeal
court
confessional statement
death of the deceased
reasonable doubt
respondent’s counsel
honourable trial court
lead judgment
sentence of the accused
act of the appellant
concurrent findings
honourable court of appeal
ingredients of the offence
appellant counsel
penal code
record of appeal
appellant’s confessional statement
appellant’s denial
facts of the case
lower courts
respondent counsel
said exhibit
complete agreement
conviction of an accused person
police station
totality of the evidence
view of the evidence
2nd issue
admission of the very statement
appellant’s first issue
death of his pregnant victim
end of trial
evidence of its lone witness
extra-judicial confessional statement
first issue
investigating police officer
judgment of the court of appeal
learned counsel
mortem examination report
muhammad jsc
possible causes
proper time
realm of the judges rules
recorder of an accused person
sentence of the appellant
trial courts findings

MUHAMMAD JSC: (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Makurdi Judicial Division, hereinafter referred to as the court below,affirming the conviction and sentence of the appellant under section 233 of the Penal Code for causing miscarriage to a woman. The judgment appealed against was delivered on 10 July 2012.

The facts of the case that brought about the appeal are very brief. To prove its case against the appellant after he had pleaded not guilty to the charge, the prosecution relied on the evidence of its lone witness, the investigating police officer. Through the lone witness, exhibit 2, appellant’s confessional statement and exhibit 5, the post mortem examination report, on the basis of which the trial court convicted the appellant, were admitted. After a no-case submission that was overruled by the trial court, the appellant gave evidence in his own defence and also called two others, DW2 and DW4. At the end of trial, appell…

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