Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



JUDE ONWUZULIKE
V.
THE STATE

(2020) JELR 80402 (SC)    
Supreme Court  ·  SC.405/2017 ·  23 Jan 2020 ·  Nigeria
CORAM
OLABODE RHODES-VIVOUR, JSC CHIMA CENTUS NWEZE, JSC SANUSI AMIRU, JSC EJEMBI EKO, JSC UWANI MUSA ABBA AJI, JSC

Ratio Decidendi

Core Terms Beta
appellant
notice of appeal
evidence
evidence act
lower court
exhibits c
incompetent appeal
original notice of appeal
additional grounds of appeal
notice
admission of the said evidence
african newspapers ltd
amended notice of appeal
appellant of the evidence of kidnapping
criminal case
ejembi eko
ground of appeal
jurisdiction of an appellate court
leading judgment
learned trial court
learned trial judge
life imprisonment
mandatory provisions of section
alleged kidnap victim
chima centus nweze
competent notice of appeal
court of appeal
criminal code law of anambra state
determination of the appeal
draft of the leading judgement
evidence of the prosecution witnesses
flash drive
foundational process
full agreement
further appeal
ground
high court of anambra state
last persons
lord denning
mere fact
olabode rhodes-vivour
opinion of any living person
opinion of these vital witnesses
original single ground of appeal
second look
such opinion
trial court
uwani musa abba aji jsc
way of appeal


EJEMBI EKO, JSC (Delivering the leading judgment): At the High Court of Anambra State, sitting at Otuocha, the Appellant was tried and convicted for the offence of kidnapping contrary to Section 315(1)(b) of the Criminal Code Law of Anambra State (as amended in 2009). He was sentenced to life imprisonment. Both the conviction and sentence were on 15th February, 2017 affirmed by the Court of Appeal (the lower Court) - hence this further appeal. The parties seem to agree on the two issues formulated by the Appellant for the determination of the appeal. That is -

  1. Whether the Court below was right when it failed to expunge from the record the computer-generated evidence (Exhibits C and F3) on which the learned trial Court heavily relied to convict and sentence the Appellant for the offence of kidnapping when the admission of the said evidence ran contrary to the mandatory provisions of Section 84(4) of the Evidence Act, 2011 regarding computer generated evidence! (Ground 1)
  2. Whether the le…
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