(1972) JELR 39726 (SC)    

Supreme Court  ·  SC.10/1972 ·  27 Oct 1972 ·  Nigeria
Other Citations
ISHOLA v. THE STATE (1972) 10 S.C. (REPRINT) 53
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
1st accused
2nd accused
learned trial judge
learned judge
mr. giwa-amu
3rd accused
radio store
transistor radio sets
exhibit d
accused person
exhibit f
exhibits f
transistor radio
trial judge
uncorroborated evidence of the 2nd accused
4th accused
additional grounds of appeal
charge no. ag
commencement of the trial
connecting link
corroboration of the evidence
credible evidence
criminal code
end of the trial
finding of the learned trial judge
high court of the agbor judicial division
incriminating evidence
mr. s. i. o. giwa-amu
original grounds
police searches of the premises of the 1st accused
presumption of innocence of an accused person
prima facie case
radio shop of ishola oguntoye
reliable evidence
room of the 2nd accused
sets of transistor radio
shop boy
similar searches
stolen transistor radio
such persons
t. o. elias
want of evidence
want of independent evidence
western nigeria laws

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Charge No. AG/3C/71 of September 6, 1971, Raimi Ishola (the appellant in this case) and three others were charged with conspiracy to burgle, breaking into and stealing from a radio store belonging to one Israel Oguntoye along Baleke Road, Boji Boji Agbor, contrary to Sections 443, 353(1) and 331 of the Criminal Code, Cap. 28 of Western Nigeria Laws, 1959 and applicable in the Mid-Western State of Nigeria. Before the commencement of the trial, the 4th accused person escaped from prison custody and as he could not be traced, the case proceeded against the remaining three. A 'no case' submission made on behalf of the 1st accused by his counsel was over-ruled by the learned trial Judge, who held that the 1st and the 2nd accused persons had a case to answer but who discharged the 3rd accused for want of evidence. At the end of the trial, 1st and 2nd accused were convicted as charged and sentenced to terms of imprisonment on December…

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