(1986) JELR 50560 (SC)    

Supreme Court  ·  SC.111/1985 ·  10 Jul 1986 ·  Nigeria
Other Citations
Nwosu v. State (1986) NWLR (Pt. 35) 348
Nwosu v. State (1986) 4 NWLR (Pt. 35) 348
KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
trial judge
court of appeal
exhibits c
perforated door
appeal court
learned justice of appeal
trial court
2nd p.w.
accused person
high court of ondo state
legal effect
prosecution witnesses
wooden door
above passage of the judgment
appraisal of oral evidence
conviction of the accused
correct principle
court of trial
evidence of the 2nd p.w.
express finding
federal supreme court
following reason
important witness p.w.4
improper use of the opportunities of hearing
iron-rod fell
judgment of this court
junior brother
language of this court
leading judgment
lead judgment of court
number of material matters
only alleged eye-witness
page of the judgment
primary duty of a tribunal of trial
proved facts
said finding of fact
salient factors
s.c. p
separates p
serious consequences of an erroneous condemnation
testimony of witnesses
understanding of the law
unsatisfactory evidence of the prosecution witnesses
wrong conclusions

COKER, J.S.C. (Delivering the Leading Judgment): On the 19th June 1986, I allowed this appeal, quashed the conviction and sentence and substituted an order of not guilty, discharged and acquitted. I now give my reasons.

The appellant was charged on an information with the murder of one Johnson Francis, before the High Court of Ondo State and was convicted of the offence and sentenced to death. His appeal to the Court of Appeal was dismissed and his conviction and sentence were affirmed.

The conviction of the accused was based mainly on the evidence of two prosecution witnesses (P.W.2 and P.W.4). 2nd P.W. was the only alleged eye-witness. The accused made two statements to the police (Exhibits C and D). The first was said to be confessional and the second explanatory of the first. The two statements with his evidence in court were all ignored by the learned trial judge (Ogunleye J.) who held that they were conflicting and unreliable. He said he would ignore them for that reason. This…

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