Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SALAWU
V.
THE STATE

(1970) JELR 45917 (SC)    

Supreme Court  ·  SC.219/1969 ·  20 Mar 1970 ·  Nigeria
 · 
Other Citations
(1970) All N.L.R 107
CORAM
ADEMOLA ADETOKUNBO JSC CHARLES OLUSOJI MADARIKAN JSC UDO UDOMA JSC

Ratio Decidendi

Core Terms Beta
appellant
court
evidence
witness
counsel
learned trial judge
appeal
raifu ayinla
trial
salawu oyeleye
western state court of appeal
good health
high court
material time
criminal procedure act
cross-examination
decision of this case
defence of the appellant
ogbagba village
whole of his defence
appeal court
application of the appellant
behalf of an accused person
circumstances of the present
condition of the health of the appellant
criminal trial
cross examination
failure of the court of trial
fateful night
following notes
important issue
inter alia
judicial exercise of the court
lower court
name raifu ayinla
normal person
part of the learned trial judge
principal witnesses
principle of law
prison authorities
proper trial of the case
prosecution amingu oyekanmi
prosecution witnesses
record of proceedings
rule of law
separate room
trial court
view non-essential


UDOMA, J.S.C. (Delivering the Leading Judgment): The appellant was tried and convicted of the murder of one Ramotu Abeoby Fakayode, J. in the High Court, Oshogbo on 22nd May, 1969. His appeal to the Western State Court of Appeal was dismissed. He now appeals to this Court on two grounds: namely:

"(i) The appeal court erred by finding that the trial court was right in refusing the application of the appellant to call a witness on the state of his (appellant's) health. The said lower court having erred by assuming that the evidence sought to be tendered was 'non-essential to the just decision of this case; and
(ii) by the failure of the court of trial to grant the appellant's application to call a witness, the appellant was deprived of the opportunity of putting the whole of his defence to the court."

At the trial the evidence given by the principal witnesses for the prosecution Amingu Oyekanmi (P.W.1), Salawu Oyeleye (P.W.2), Ayisatu Aduke (P.W.3) and Rabiatu Laroyeke (P.W.5) was to t…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login