ONYEMENA & ANOR.
V.
THE STATE

(1974) JELR 46166 (SC)    

Supreme Court  ·  SC.10/1973 ·  25 Jan 1974 ·  Nigeria
 · 
Other Citations
ONYEMENA & ANOR. v. THE STATE (1974) 1 S.C. (REPRINT) 117
CORAM
TASLIM OLAWLE 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
bakery
appellants
jury
accused persons
1st p.w.
1st appellant
persons
2nd appellant
1st prosecution witness
john osigwe
lagos state
2nd accused
accused person
gun-shot fire
identification parade
shot-gun
2nd prosecution witness
3rd prosecution witnesses
gentlemen of the jury
learned trial judge
prosecution witnesses
system of jury trial
verdict of the jury
4th p.w.
common purpose
conscious decision
different places
different times
evidence of prosecution witnesses
evidence of the dresses
good deal
g. s. sowemimo
guilt of the accused persons
hearing of their appeal
high court
identifying witness
instance of the 1st prosecution witness
judges of fact
jury trial
matter of fact
next stage of the evidence
origin of the jury system
photographs of the identification parade
police officers
second appellant
separate institutions
seperation of powers
sufficient evidence
time of their arrest
valid reason

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appellants were convicted on the 22nd of December 1971, on a charge of murder after a trial by jury and sentenced to death by Kazeem, J., at the High Court, Ikeja, in the Lagos State. Their appeal against conviction was allowed on the 4th of October, 1973.

At the hearing of their appeal, Mr. A. O. Ejiwunmi, learned D.P.P for the Lagos State informed the court that he could not support the verdict of the jury on two grounds:-

(1) there was no sufficient evidence to support the charge in view of the many inconsistences and discrepancies in the evidence of prosecution witnesses; and

(2) the identification parade was to say the least not properly conducted, because the appellants were wearing the same dresses they had on when they were arrested by the Police at the instance of the 1st prosecution witness. The 1st, 2nd and 3rd prosecution witnesses were able to point them out at the time of their arrest by these same dresses.

Th…

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