n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

State V. Ogunbunjo (2001) CLR 1(c)(SC)

Judgement delivered on January 19th 2001

Brief

  • Inadmissible evidence
  • Appellate court power to quash judgement
  • Proof beyond reasonable doubt
  • Admission of inadmissible evidence by trial court
  • section 227 (1) of the Evidence Act
  • Section 209 Evidence Act 1990
  • Error made by a court in its judgment
  • Extra judicial statements
  • Circumstantial evidence
  • Suspicion
  • Mistake by court
  • Extra judicial statement

Facts

Following the death of the deceased, Celestina Amucha on 25/9/88. Six persons including the two respondents were arraigned before the Etiti High Court for the offence of murder. Before the trial took off, one of the accused, Harrison, died. After due trial, three of the accused persons were acquitted while the two respondents were convicted for the murder of the deceased based on circumstantial evidence, there being no eye-witness account of the offence. On appeal, the Court Appeal allowed the appeal. Dissatisfied with this decision, the state, as appellant, has now appealed to this court

Issues

  • 1
    Whether the court below was right in its decision in setting aside the...

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