Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2006) JELR 39892 (CA)    

Court of Appeal  ·  CA/B/200/2003 ·  12 Jan 2006 ·  Nigeria
INZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
1st accused
reasonable doubt
evidence of pw1
trial court
wrong decision
essential element
evidence of the pw6
facts of this case
no-case submission
2nd respondent
accused person
accused persons
case of conspiracy
central issue
conviction of the accused persons
court of conspiracy
criminal code
criminal code cap
decision of the learned trial judge
edo state
erroneous conclusion
evidence of prosecution witnesses
evidence of pw6
high court of edo state
h. l.
inter alia
judgment evidence
leading judgment
lead judgment
l. r.
main issue
material conflict
nwali sylvester ngwuta
respect of the charge
rules of the court
s.137 of the evidence act
said evidence
slight variations
testimony of pw1
various pieces of evidence
vol.11 laws of bendel state of nigeria
z. a. bulkachuwa

NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): The respondents were tried on information containing only one count which charged them with conspiracy to commit murder punishable under section 324 of the criminal Code Cap 48 Vol.11 Laws of Bendel State of Nigeria 1976 applicable in Edo State. They were tried in the High Court of Edo State, Auchi Judicial Division. Each respondent was discharged and acquitted.

Aggrieved, the State appealed to the Court on four grounds, reproduced hereunder, shorn of their particulars:


The learned trial judge erred in law and thereby came to a wrong decision when without considering the evidence led by the prosecution against the accused persons, he discharged and acquitted them on the Court of conspiracy to commit murder.


The learned trial judge erred in law and thereby came to a wrong decision when he failed to consider in his judgment evidence led by the 2nd accuses person [YUSUF ABDULKADIRI ALIAS BOTOKO ALI].

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