STATE
V.
ALBERT

(1982) JELR 49374 (SC)    

Supreme Court  ·  SC.65/1981 ·  6 May 1982 ·  Nigeria
 · 
Other Citations
STATE v. ALBERT (1982) 5 S.C. (REPRINT) 4
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
case
appeal
learned trial judge
prosecution
section
federal court of appeal
court
respondent
state
evidence
adjournment
criminal procedure code
application
acquittal
discretion
point of law
decision
discharge of the respondent
grounds
high court
stage
statement
view
witnesses
accused person
a. nnamani
a. o. obaseki
concessions
consideration
criminal proceedings
duty of the court
exercise of discretion
federal court of appeal of his appeal
g. s. sowemimo
judgments of the federal court of appeal
leading judgment
learned state counsel
medical evidence
m. l. uwais
month adjournment
people
points of law viz
prosecution witness
provisions of our constitution
reasons
record
ruling of the learned trial judge
state principal counsel
sub section a
trial court

G. S. SOWEMIMO, J.S.C.(Delivering the Leading Judgment): The State has appealed to this court on two grounds against the discharge of the respondent by the High Court and the Federal Court of Appeal. The two grounds are:

(1) that whether the State or the prosecution for that matter says it has no case against an accused person, it is the duty of the court to ignore that statement and summon in witnesses it likes in order to secure conviction.

(2) that although the prosecution had closed its case without appealing against the ruling of the learned trial Judge for not adjourning any further the case he has failed to exercise his discretion judiciously.

The appellant conceded before us that a statement was made closing the case for the prosecution on the ground that no case has been made out against the respondent and that there was no medical evidence to connect the respondent with the death of the deceased. The appellant having made those two concessions, the learned trial Judge discha…

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