Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OBRI
V.
THE STATE

(1997) JELR 45470 (SC)    

Supreme Court  ·  SC.103/1996 ·  4 Jul 1997 ·  Nigeria
 · 
Other Citations
Obri v. State (1997) 7 NWLR (Pt. 513) 352
CORAM
ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC EMMANUEL OBIOMA OGWUEGBU JSC UTHMAN MOHAMMED JSC

Ratio Decidendi

Core Terms Beta
p.w.1
court of appeal
exhibit sc
learned trial judge
evidence act
evidence of pw
extra-judicial statement
trial court
j.s.c
laws of the federation of nigeria
previous statement
said statement
evidence of p.w.1
evidence of pw1
effect of the contradictory statement
extra judicial statement
offence of murder
only eye witness
small child
sufficient corroboration of the evidence of pw
above issues
accused person
application of the learned counsel
circumstantial evidence
come o
considered judgment
course of the trial
court of pw
cross-examination
deceased okara
deep cut
detailed reasons
failure of the prosecution
i. l. kutigi
importance of the evidence of pw
judgment of the court of appeal
judgment of the high court
leading judgment
learned trial judge right
lone eye witness
m. e. ogundare
nature of an oath
own defence
part of the record of proceedings
prosecution witnesses
reason of tender years
record shows
sentence of the high court
trial judge
witnesses

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellant was charged with the offence of murder contrary to section 319(1) of the criminal code. He pleaded not guilty to the charge. Thereafter the prosecution called five witnesses and tendered some exhibits. The appellant testified in his own defence and called no witness.

The learned trial judge in a considered judgment found the appellant guilty as charged and sentenced him to death.

Being dissatisfied with the judgment of the High Court, the appellant appealed to the Court of Appeal, Enugu Division. Three issues were formulated for its determination thus:-

"(i) Did the learned trial judge comply with sections 154(1) and 182(1) of the Evidence Act before he received and relied on the evidence of PW1 to convict the accused and can the conviction stand?

(ii) Do the irregularities committed by the learned trial judge in the course of the trial not amount to denial of fair hearing to the accused?

(iii) Given the irreconcil…

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