Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THEOPHILUS
V.
THE STATE

(1996) JELR 45948 (SC)    

Supreme Court  ·  SC.162/1994 ·  9 Jan 1996 ·  Nigeria
 · 
Other Citations
Theophilus v. State (1996) 1 NWLR (Pt.423) 139
Theophilus v. State (1996) 1 NWLR (Pt. 423) 139
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
pw4
evidence
learned trial judge
defence
dodan barracks
witnesses
court of appeal
inter alia
criminal code
evidence of pw4
following day
defence of the appellant
learned judge
material contradictions
trial judge
force headquarters
general credibility of witnesses
materiality of the contradictions
nigeria police force
reasonable doubt
13th day of december
alleged fighting
brief of argument
close of the case
considered judgment
cross-examination pw4
deceased fall
deceased taints pw4
dodan barracks quarters guard
eye-witness accounts
facts of the case
guard duty
help of some men
high court of lagos state holden
imposition of a cut-off point
laws of lagos state
leading judgment
materiality of such contradictions
necessary inferences
nigeria police
no-case submission
none of the known defences of provocation
observation of the learned trial judge
police driver
prosecution witnesses
result of the said stab injury
said judgment
self-defence

ONU, JSC (Delivering the Leading Judgment): The appellant, Samuel Theophilus, formerly a police driver attached to the Force Headquarters, the Nigeria Police, Lagos was arraigned before A.O. Silva, J. sitting at the High Court of Lagos State holden at the Lagos Judicial Division on a one-count information for the murder of one Hassan Ali on the 13th day of December, 1983 contrary to Section 319(1) of the Criminal Code, Cap. 31, Laws of Lagos State, 1973.

The facts of the case which appear not to be in dispute are that on 13th December, 1983 the appellant who was a Sergeant in the Nigeria Police Force and employed as a driver attached to the Force Headquarters, Nigeria Police Force, Moloney, Lagos went to Ajeniya Street, Obalende, Lagos in company of his friend, one Sergeant Isa Makurdi to drink beer at a beer parlour. As the appellant and his friend sat down and were drinking, three persons came and went to where Hassan Ali, the deceased was sitting and engaged in a quarrel with him o…

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