ISHOLA
V.
THE STATE

(1978) JELR 48820 (SC)

Supreme Court 26 Oct 1978 Nigeria
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- The case involves questions regarding the testimony of a witness for the prosecution, the admission of evidence of similar facts, the visual identification of the appellant, and the failure of the trial judge to warn himself of the need f

Case Details

Suit Number:SC.8/1977
Judges:DARNLEY A.R. ALEXANDER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Counsel:Chief Sobo Sowemimo, (with him, R.I. Clarke and G.O. Alatishe) For Appellant S.O. Ilori, Esq. Director of Public Prosecution, Lagos State, (with him B.O. Olowu, State Counsel and Miss C. Uweja, State Counsel, Lagos) For Respondent
Other Citations:ISHOLA v. THE STATE (1978) 9-10 S.C. (REPRINT) 59

C. IDIGBE, JSC (Delivering the Leading Judgment): At this point in these proceedings there are for determination of this court inter alia the following principal questions:

"(1) Whether the eighteenth witness for the prosecution (P.W. 18 - Kehinde Yekini) is an accomplice whose testimony in so far as it tends to implicate the appellant required corroboration from an independent witness?

(2) Whether the court of first instance did not, in the circumstances of this case, err in law in admitting evidence of "similar facts" whose prejudicial character far outweighed their probative value?

(3) Whether, in the circumstances of this case, the evidence of "visual identification of the appellant at the alleged time and venue of the murder of the deceased as given by the first, second, third and sixth prosecution witnesses based on a fleeting glance of the appellant at night and the failure" of the learned trial Judge to warn himself of the need for other independent evidence corroborating the s…

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