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CRIMINAL LAW & PROCEDURE [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

BRANCHES: Arson - Assault & Battery - Bribery - Burglary - Child Abuse/ Pornography - Computer/Cyber Crime - Controlled Substances  - Corruption - Criminal Defense - Drugs & Narcotics - Embezzlement - Fraud -  Felonies - Fraud  -  Homicide -  Money Laundering  -  Perjury  -  Prostitution  -  Rape  - Robbery  -  Sex Crimes  -  Theft

Comprehensive A-Z PDF Copy of the Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com

TITLE

MAIN ISSUES

A.C.B.  V. MARY OKONKWO AND ORS.

CRIMINAL LAW AND PROCEDURE:- Proof of crime - Criminal Responsibility – Meaning – Duty of prosecution thereto

A.P. ANYEBE V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Charge of unlawful possession of fire-arms contrary to section 4 of the Firearms Act preferred against accused by Benue State Attorney-General without authorization - Effect on proceedings.

A.T. AND E. CO. LTD. V. FEDERAL MILITARY GOVT.

CRIMINAL LAW AND PROCEDURE:- Murder - Exclusion of accused’s statement from consideration - Propriety of.

AARON AKPAN V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder - Evidence - Sworn Evidence of a child - Admissibility of retracted confessional statement.

ABA V.  REGINA

CRIMINAL LAW AND PROCEDURE:- Murder - Defence of provocation - Not available when premeditated.

ABACHA & ORS V. SECRETARY OF STATE FOR THE HOME DEPARTMENT

CRIMINAL LAW AND PROCEDURE:- Recovery of stolen loot – International assistanc

ABARAOHA V. THE QUEEN

CRIMINAL LAW

 

ABDALLABE V. BORNU N.A

CRIMINAL LAW AND PROCEDURE:- Northern Nigeria - Culpable homicide - Self-defence  - House trespass - Trespasser killing to affect escape - Private person’s right to arrest – other relevant considerations

ABDU KADIRI V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder motivated by third party adultery with wife - Whether circumstances leading to aggravated assault from which deceased died amounts to acts done “in the heat of passion caused by sudden provocation,” - Circumstances which have to exist before the offence can, in law, be reduced to manslaughter – Relevant considerations

ABDU V. THE STATE

CRIMINAL LAW AND PROCEDURE – DEFENCES - PROVOCATION:- Nature of – As a partial defence for murder in cases where the act or omission causing death was provoked by some conduct of the deceased – Effect on a charge of murder – Whether reduces a charge of culpable homicide punishable with death to culpable homicide not punishable with death or manslaughter – Justification for the defence – How determined - Section 222(1) of the Penal Code – Tests to be applied

ABDU MOHAMMED V. THE STATE

CRIMINAL LAW AND PROCEDURE - Culpable homicide - Evidence of sole eye-witness for prosecution -Whether requires corroboration to secure conviction -Mens rea -Whether synonymous with knowledge.

ABDUKARIM IYIMOGA AND OTHERS V. GOVERNOR OF PLATEAU STATE AND OTHERS

CRIMINAL LAW AND PROCEDURE:- Homicide -Unlawful arrest by deceased - Excessive force in resisting same – When amounts to manslaughter -Criminal Code, section 317.

ABDUL MAJEED NASIRU V. COMMISSIONER OF POLICE

CRIMINAL LAW:- Theft by stealing property – Trial by magistrate court – When not proper

CRIMINAL LAW AND PROCEDURE - COURT: Duty of Magistrate to investigate any complaint before framing a charge and committing a suspect for trial

ABDULLAHI ISA V. THE QUEEN

CRIMINAL LAW: Murder – Multiple Eye witnesses - Weight of evidence needed to convict for murder – Need for consistency in the evidence given by multiple witnesses

ABED V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Stealing - Conspiracy to steal - Fraudulent false accounting - Ingredients of

ABEL OGBEWE V.INSPECTOR-GENERAL OF POLICE

CRIMINAL LAW AND PROCEDURE – CORRUPTION: Corruption or improper interfer­ence with due administration of justice - Section 116 Criminal Code – Scope

CRIMINAL LAW AND PROCEDURE – CORRUPTION:- Receiving property to show favour - Sections 100 and 116 Criminal Code - Ingredients of offence – When deemed not established - Effect

ABIBATU FOLAMI & ORS V. FLORA COLE & ORS

CRIMINAL LAW AND PROCEDURE:- Allegations of the commission of criminal offence in civil proceedings – How proved – Standard - Whether proof beyond reasonable doubt - S. 137(1), Evidence Act

ABIEKE V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder - Body of deceased not found - No direct or confessional evidence of participation - Suspicious circumstances - Circumstantial evidence falling short of standard required by law – Effect

ABIODUN ODEDIRAN V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Right of appeal in cases of capital offence - Automatic nature of - Duty on appellate court to give effect thereto.

ABIOLA V. FEDERAL REPUBLIC OF NIGERIA

CRIMINAL LAW AND PROCEDURE:- Right of accused person to counsel of his choice - Where there is dispute by counsel as to who has authority to represent accused - Need for State to avail accused person in detention the opportunity of selecting counsel of his choice - Various ways accused person in custody can indicate counsel of his choice

CRIMINAL LAW AND PROCEDURE:- Right to counsel - Nature of - Dispute between two counsel as t9 who has authority to represent an accused -How resolved - Propriety of referring such matter to court for determination.

ABIORO V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Homicide –Murder – Jury – Direction – Entitlement of Judge to express himself on the evidence before him -Duty of judge to warn jury that they were not bound by his opinion and that they were entitled to form their own views – Whether safer for judge to refrain from expressing his opinion strongly on matters relevant to the facts or issues in the matter.

ABODUNDU V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Appeal - Re-trial - order of - Prin­ciples applicable.

ABOUD V. QUEEN

CRIMINAL LAW AND PROCEDURE:- Appeal - “Weight of evidence” - Wrong in criminal appeal.

CRIMINAL LAW AND PROCEDURE - Undue delay between committal for trial and actual trial - Deprecated.

ABU V. STATE

CRIMINAL LAW AND PROCEDURE:- Murder - Defence of Insanity - 5.223 of Criminal Procedure Law of Eastern Nigeria - To be complied with by a trial Judge.

ABUAH V. QUEEN

CRIMINAL LAW AND PROCEDURE:- Forgery – fraudulent thumb­-printing of a document to the prejudice of the interest of an illiterate – Effect of a verification by a legal practitioner of a fraudulently thumb-printed document - CRIMINAL LAW: Forgery - Whether intent to de­fraud shown- Criminal Code, Cap. 42, sections 419, 464 (b), 465, 468.

ABUBAKAR DAN SHALLA V. THE STATE

 

ABUBAKAR MOHAMMED V. THE STATE

CRIMINAL LAW AND PROCEDURE - ARMED ROBBERY: - Section 12(5) & (6) of the Robbery and Firearms (Special Provisions) Act – Statutorily prescribed time limit for police investigation of the offence – Whether invalidates prosecution - Who has the power to prosecute the offence of Armed Robbery – Alibi - Nature of the defence of alibi - When the defence must be raised - Effect where the defence of alibi is successful

CRIMINAL LAW AND PROCEDURE:- Filing of information - Competence to file an information and initiate criminal proceedings - Procedure for taking the plea of an accused person

ABUDU  V. THE STATE

CRIMINAL LAW:– Armed robbery – Proof of – Need to identify suspects properly . - effect of failure thereto

CRIMINAL LAW AND PROCEDURE - ARMED ROBBERY:- Proof of guilt of co-accused persons whose cases are closely interwoven with and inseparable from each other– Where accused person who allegedly stole the money or wielded the weapon constituting key element of the crime is acquitted – Whether conviction of co-accused person who allegedly aided, abetted or conspired in the commission of the crime can still stand

ABUGHOR ABGYULUWA AND OTHERS V.  THE COMMISSIONER OF POLICE (HC

CRIMINAL LAW: Wilful and criminal destruction of property – Defence of alibi - Need to consider the defence of accused person no matter how untenable it looks -

ABUKAR V. THE STATE

CRIMINAL LAW AND PROCEDURE: - Culpable homicide punishable with death under section 221 of the Penal Code – How proved – Defence of provocation – Wife taunting husband with alleged impotency – Whether Legal provocation - When attack bringing about murder is deemed premeditated and not in the heat of passion – How treated

CRIMINAL LAW AND PROCEDURE: - Evidence – Extra-judicial statement made to Police officer – Failure to take accused and his statement before senior Police Officer for confirmation – Effect

ACHABUA V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder contrary to S.319(1) of the Criminal Code - Evidence - No eye-witness - Confession – Grave of deceased discovered as a result of the confession – Effect

ACHIMI V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder – Proof – When the defences of provocation, self-defence, defence of property, and automat­ism will avail an accused person – Evidence of spouse of accused person - Whether necessary to distinguish between the spouses of a Christian and a non ­Christian marriage in respect of criminal liability

ADAJE V. STATE

CRIMINAL LAW:- Murder - Plea of Self-defence - Evidence of accused’s aggression and premeditation - Effect

ADAMS V. D.P.P (FED.)

CRIMINAL LAW AND PROCEDURE - Criminal proceeding - When accused is found not guilty - Proper verdict.

CRIMINAL LAW AND PROCEDURE - Effect of Section 229 of the Criminal Procedure Act on Section 246 of the Criminal Procedure Act.

CRIMINAL LAW AND PROCEDURE - Murder - Defence of insanity - Section 28 of the Criminal Code - What must be proved.

ADAMU  V. STATE

CRIMINAL LAW AND PROCEDURE - Identification of accused person - Now conducted.

ADAMU SULEMAN & ANOR. V. COMMISSIONER OF POLICE, PLATEAU STATE

CRIMINAL LAW AND PROCEDURE:- Grant of Bail: Conditions for grant of bail to an accused person

ADDO V. THE STATE

CRIMINAL LAW AND PROCEDURE - CONVICTION: Murder – Proof – Duty of prosecution to discharge burden of proof using circumstantial evidence – When deemed discharged

ADE BELLO V. INSPECTOR-GENERAL OF POLICE

CRIMINAL LAW AND PROCEDURE:- Onus of proof on Prosecutor - Presumption that trial Judge was mindful thereof.

ADEBANJO OGUNBANJO V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Charge of murder - Accused making confession to police officer - Statement confirmed before superior police officer but retracted at trial - Accused giving evidence of previous mental illness and treatment for same supported by evidence – Proper treatment of

ADEBAYO V. STATE (CA)

CRIMINAL LAW AND PROCEDURE:- Conspiracy - Meaning of - Ingredients of - Whether a Court can allow a conviction on a charge of conspiracy when the conviction on the substantive offence is quashed - Obtaining by false pretence

CRIMINAL LAW AND PROCEDURE:- Stealing - Whether withdrawal of a charge against accused persons amounts to an amendment of charge - Duplicity of charges – Effect

ADEBAYO V. THE REPUBLIC

CRIMINAL LAW & PROCEDURE:- Murder - Improper Direction to jury - Failure to put accused’s defence properly to the jury - Effect.

ADEBIYI MAJEKODUNMI V. THE QUEEN

CRIMINAL LAW:- Conspiracy - Outsider conspiring with Post Office employees to tamper with postal matter - Criminal Code, section 163, and section 576 Circumstantial evidence - Where guilt not the only possible inference – How treated

ADEBIYI V. THE STATE

CRIMINAL LAW AND PROCEDURE - DEFENCE OF ALIBI: Whether an accused should raise the defence of alibi timeously to be entitled to its beneficent effect

CRIMINAL LAW AND PROCEDURE - DEFENCE OF ALIBI: When defence of alibi will be construed against the prosecution - Effect of failure to investigate the defence of alibi

ADEBOWALE AJAO V. THE STATE

 

ADEDEJI V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder – Defence of Alibi – Who has the onus to discharge

ADEDEJI ADESANYA V. FEDERAL REPUBLIC OF NIGERIA

CRIMINAL LAW AND PROCEDURE:- Arraignment - Requirements that must be satisfied upon arraignment of an accused person - Where the court did not record that the accused understood the language and the charge during arraignment – Whether fatal for prosecution - When a person can be held liable for crime and punished or deprived of his liberty

ADEDIRAN V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Banking - Cashier - Paying out money without authority - Liability therefor

CRIMINAL LAW AND PROCEDURE:- Obtaining by False pretences - Conspiracy to obtain by false pretences - Stealing - Section 7, Criminal Code - Ingredients

CRIMINAL LAW AND PROCEDURE:- Power of trial Judge to convict on offence other than that charged - Section 174(3), Criminal Procedure Ordinance.

ADEGBESAN V.  THE STATE

CRIMINAL LAW:– Murder – Proof of – Defence – Insanity - Presumption of 

 

ADEGBOLA V. FOLARANMI

 

ADEGBOYE IBIKUNLE V. THE STATE

 

ADEKANBI V. AG (WN)

CRIMINAL LAW AND PROCEDURE:- Confessional statement - Admissibility thereof during cross-examination - Guiding principle - Duty of court.

CRIMINAL LAW AND PROCEDURE:- Confessional statement - Voluntariness of - Burden of proof thereof - Sections 27(2) and 139(1) (a), Evidence Act.

ADELE  V. STATE

CRIMINAL LAW AND PROCEDURE:- Alibi -Where raised by accused -Accused identified by one witness - Duty on court - Where identified by two independent witnesses - Effect

CRIMINAL LAW AND PROCEDURE:- Alibi -Where raised by accused - Duty on prosecution to investigate same - Failure to investigate - Effect .

CRIMINAL LAW AND PROCEDURE - Alibi -Where raised by accused -Onus on prosecution.

ADELENWA V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder - Lessened to manslaughter-section 325 of the Criminal Code of fonner Eastem Nigeria - Mens rea.

ADELODUN V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder - Provocation - Abusive songs - Whether amount to provocation

ADELUMOLA V. THE STATE

CRIMINAL LAW:- Murder - Defense of accident - What amounts to

 

ADENIYI OLUFEMI  OLUMIDE AND ORS V. DR. TOSIN AJAYI

CRIMINAL LAW AND PROCEDURE:- Conviction – whether conviction may be founded upon speculative findings - Criminal Law and Procedure - Charge of forgery - Essential ingredient of

CRIMINAL LAW AND PROCEDURE:- Charge of stealing - Whether mere ownership of property above income of accused person as of necessity implies their acquisition through unauthorised or illegal sources

CRIMINAL LAW AND PROCEDURE:- Charge of forgery - Where alleged forgeries occurred on different dates - Whether proper to lump the different allegations together Criminal Law and Procedure - Fraudulent false accounting or falsification of accounts - Whether equates to forgery

ADEOSUN V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Official corruption - Reasons for judgment - Accused also charged with stealing extortion, etc. - Accused discharged on all the counts charged convicted of attempt to receive - Appeal.

ADEPEHIN V. THE QUEEN

CRIMINAL LAW AND PROCEDURE: - Murder - Retraction of entire jud­icial statement - Duty of trial Judge

ADEPETU  V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence- Findings of fact based on - Proper course open to trial court after making.

CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence - Nature and quality of to ground conviction - Duty on court in acting on same - Relevant considerations - Udedibia v. State (1976) 11 SC 133; Ukorah v. State (1977) 4 SC 167 followed and applied; Igho v. State (1978) 3 SC 87 distinguished.

ADEREMI V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Rape – Proper treatment of

 

ADEREN V. THE QUEEN

CRIMINAL LAW AND PROCEDURE - Murder - Provocation - Jeers – Whether can­not amount to provocation

ADERETI V. ATTORNEY GENERAL, WESTERN NIGERIA

CRIMINAL LAW AND PROCEDURE:- Conspiracy to steal money - Stealing bank’s money - Manager allowing customer to overdraw- Whether not evidence of conspiracy to defraud the bank.

ADEROGBA V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Witnesses - Trial Judge calling witnesses - Section 200, Criminal Procedure Ordinance - Principles applicable

ADETOKUNBO  OGUNTOLU V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Defences - Defences available to an accused - Duty on court to consider - Scope of.

CRIMINAL LAW AND PROCEDURE:- Murder - Cause of death - Need to link to act of accused.

CRIMINAL LAW AND PROCEDURE:- Murder - Medical evidence of cause of death - Whether indispensable in all cases - When will not be required to prove cause of death

ADETOLA V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Defences - Alibi - Accused raising two conflicting alibis - Whether prosecution bound to investigate in such circumstance

CRIMINAL LAW AND PROCEDURE:- Defences -Alibi -Plea of -Duty on pal ice to investigate - When it does not arise

CRIMINAL LAW AND PROCEDURE:- Murder - Proof of - Burden on prosecution - How discharged

CRIMINAL LAW AND PROCEDURE:- Proof - Contradictions in evidence of prosecution witness - Whether all contradictions will vitiate conviction - Relevant consideration

ADEWUNMI V. THE STATE

CRIMINAL LAW AND PROCEDURE - ARRAIGNMENT OF ACCUSED PERSON(S): Whether it is mandatory for Court to record its satisfaction that accused person understood a charge

CRIMINAL LAW AND PROCEDURE - IDENTIFICATION PARADE: Whether identification parade is necessary in all criminal cases

CRIMINAL LAW AND PROCEDURE - ARRAIGNMENT OF ACCUSED PERSON(S): Statutory provision on arraignment of an accused person – Duty thereto

ADEWUSI V. QUEEN

CRIMINAL LAW AND PROCEDURE - Criminal Code, 5.328 - Information for stealing thereunder - How framed.

CRIMINAL LAW AND PROCEDURE - Criminal Procedure Act S.154 (1)- Information for stealing - Name of owner of property stolen not stated - Procedure Act S. 154(j) - Information for stealing - Where name of owner of property stolen is unknown - What to do - Effect.

ADEYEMI  V. STATE

CRIMINAL LAW AND PROCEDURE:- Armed robbery - Resistance by residents - Degree of care required

CRIMINAL LAW AND PROCEDURE - Autrefois acquit - S. 33(9), 1979 Constitution - Murder - No-case submission - Discharge thereon but accused asked to defend manslaughter - Effect thereof.

CRIMINAL LAW AND PROCEDURE:- Conviction for lesser offence -S. 179, C.PA. - Conditions for applicability of

ADEYEMI V. THE STATE

CRIMINAL LAW PROCEDURE:- Armed robbery – Proof - When identification parade is not necessary

ADEYEMI AND OTHERS. V. BAMIDELE AND ANOTHER.

 

ADEYEYE AND ANOTHER. V. THE STATE

CRIMINAL LAW - Appeal - Principles to guide Court of Appeal in deciding to interfere with sentence passed by lower court

ADIE V. STATE

CRIMINAL LAW AND PROCEDURE:- Murder - Cause of death - Proof of

 

ADIGUN V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Evidence - Confessional statement - Voluntariness conviction on.

ADIKUN OKE V. INSPECTOR-GENERAL OF POLICE

CRIMINAL LAW AND PROCEDURE:- Stealing, contrary to section 390 of the Criminal Code (Cap. 43);  - Joint trial - Trial a declared nullity in case of one accused but not in case of co-accused - Criminal Procedure Ordinance, section 287 (1) - Accused without Counsel not informed of his rights at close of Prosecution’s case - Co-accused with Counsel – Effect

ADIO AND ANOR. V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Sections 7 and 8 of the Criminal Code - Applicable principles.

CRIMINAL LAW AND PROCEDURE:- Several persons charged with crime – Proper approach for trial Court to adopt thereat.

ADISA V. ATTORNEY-GENERAL, WESTERN NIGERIA

CRIMINAL LAW:- Amendment of charges - Need for fresh plea - Right to recall witnesses – Whether accused to be asked if ready – Need for Information to be signed – Proper treatment

ADJEI AND ANOTHER V. THE KING

CRIMINAL LAW:- Sedition – How proved – Intention required to convict for seditious writing -  Whether the proprietor of a newspaper is answerable criminally for the publication of a libel, though he has nothing to do with the publication and the whole is conducted by his servants

ADU V. LASISI

CRIMINAL LAW AND PROCEDURE:- Charge —Contempt of Court—Where accused brought before a Magistrate - Duty of Magistrate to proceed with trial - Criminal Code s. 133(8).

CRIMINAL LAW AND PROCEDURE:- Contempt of Court - Refusal to obey Court order to quit land –Where Defendant in no doubt about land in dispute-Whether plan of land necessary.

ADUNFE V. INSPECTOR GENERAL OF POLICE

CRIMINAL LAW AND PROCEDURE- Visit to locus in quo in absence of accused – Whether merely an irregularity - Effect thereof.

AFILAYA V. QUEEN

CRIMINAL LAW AND PROCEDURE: - Murder – Proof - Circumstantial evidence - When deemed sufficient

CRIMINAL LAW AND PROCEDURE: - Participes criminis - S. 7(c) Crim­inal Code - Extent of liability – How determined

AFOLABI V. C. O. P.

CRIMINAL LAW – STEALING: Confession - Requirements of confession - When satisfied.

CRIMINAL LAW: Confession – Effect of Retraction of confession – Failure of prosecution to elicit direct and explicit confession or corroboration

AFONJA V. AIYELAGBE

 

AFRICAN CONTINENTAL BANK PLC. V.  VICTOR NDOMA-EGBA

CRIMINAL LAW AND PROCEDURE - Forgery - Allegation of - When made - Standard of proof of in civil case - On whom onus ties - Whether discharged by ipse dixit

AFRICAN PRESS LTD V. ATTORNEY-GENERAL, WESTERN NIGERIA

CRIMINAL LAW AND PROCEDURE:- Seditious publication - Defence of truth - Fair trial – What constitutes

AGA V. THE STATE

CRIMINAL LAW:– Murder – Proof of - When the defence of provocation will not avail the accused

CRIMINAL LAW AND PROCEDURE:- Criminal charge – “Act done in furtherance of a criminal act or the prosecution of an unlawful act” – Meaning and context – Duty of a court when an accused is charged under the wrong law or section of a statute

AGAGARAGA  V. THE FEDERAL REPUBLIC OF NIGERIA

CRIMINAL LAW AND PROCEDURE - Arraignment of accused person - Proper arraignment - What amounts to - Requirements of - Need for court to satisfy itself that accused understands the charge read to him - Section 36(6), 1999 Constitution and section 218, Criminal Procedure Law.

CRIMINAL LAW AND PROCEDURE - Double jeopardy in criminal process - What amounts to - Whether Constitutional – Section 36(9), 1999 Constitution.

AGBACHOM V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Courts—Contempt of Court - Summary power of punishment – Need for same to be used sparingly

CRIMINAL LAW AND PROCEDURE:- Courts—Contempt of Court – Need for same to be proved beyond reasonable doubt

CRIMINAL LAW AND PROCEDURE:- Courts-Contempt of Court — Where trial judge wishes to deal summarily with case of contempt in face of court – Whether accused to be put not in witness box but in dock — Constitution of Federation s. 22 (9) - Effect

CRIMINAL LAW AND PROCEDURE:- Courts —Contempt of Court — Charge not specifying under which provision accused was charged - If acting under s.133 of Criminal Code then case to be tried before different Court.

AGBANYI V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Alibi - Where raised - Onus on accused - Standard of Proof - Whether accused has duty to prove plea - Evaluation of Evidence by trial Court.

AGBOCHI V. QUEEN

CRIMINAL LAW AND PROCEDURE:- Private arrest - Preventing escape from - Extent of force exercisable by private person - Section 272 Crim­inal Code.

AGBOJE V. QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder – Proof thereof - Admission of depositions of two witnesses without following procedure – Whether conviction sustainable on other evidence recorded in notes of trial judge – How treated by appellate court

CRIMINAL LAW AND PROCEDURE:- Deposition of witness - Admis­sion under Section 34(1) Evidence Act – Proper way of doing same – Duty of Court

AGERA V. QUEEN

CRIMINAL LAW AND PROCEDURE - Murder - Identification - By people witnessing murderous attack who believed themselves to be in danger of being killed - Attitude of court.

CRIMINAL LAW AND PROCEDURE - Murder - Identification - When unreliable - Effect.

AGHALUWHE V. QUEEN

CRIMINAL LAW AND PROCEDURE: Murder – Defence of provocation - Defence of insanity - Onus on accused

AGOMA ACHAJI AND OTHERS V. COMMISSIONER OF POLICE

CRIMINAL PROCEDURE:- Prosecutor’s right of reply­ - Accused giving evidence but calling no witnesses - Criminal Procedure Code, ss. 191 (1) (b), 194(1), 228 – Effect

AGU V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder - Alibi - Failure by defendant to put forward any facts in support of his alleged alibi - Defendant’s presence at scene of crime established by credible evidence - Defendants’ evidential burden not discharged - conviction of Murder re- affirmed

AGUMADU V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Conviction for lesser offence – Count of attempted murder laid under subsection (1) of s. 320 of Criminal Code; with allegation of matchet cuts—Conviction for unlawful wounding – When proper

AHMED  V. STATE

CRIMINAL LAW AND PROCEDURE:- Common intention - Offence committed in furtherance of - Who is liable therefor- Section 79 Penal Code.

CRIMINAL LAW AND PROCEDURE:- Common intention - Where offence committed in furtherance of - How common intention inferred - Whether express agreement the only evidence of.

AHMED OLAYIWOLA V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Causing death through the procurement of unlawful abortion- Burden of proof – Duty of prosecution thereto – Whether not dependent on calling all the witnesses scheduled

CRIMINAL LAW AND PROCEDURE:- Criminal proceedings – Proof of crime – Whether prosecution needs to call all witnesses – How treated

AIG EUROPE (UK) LTD AND OTHERS V. THE ETHNIKI

CRIMINAL LAW AND PROCEDURE:- Armed Robbery contrary to “Robbery and Firearms (Special Provisions) Decree 1970” - Defence of Alibi - Age of accused at time of commission of offence - Effect on death sentence.

AJANAKU V. C.O.P

CRIMINAL LAW AND PROCEDURE:- Criminal conviction - Right of appeal to the Supreme Court – Application for leave to appeal against decision of the Federal Court of Appeal given on appeal from appellate decision of High Court – Where Certificate of Attorney-General authorizing further appeal to Supreme Court is a prerequisite – Effect of failure to obtain same - Constitution (Amendment) (No. 2) Decree, 1976, section 117 sub-sections (4) and (5) and Federal court of Appeal Decree 1976; Section 31.

AJAO V. QUEEN

CRIMINAL LAW AND PROCEDURE:  Murder - Testimony of eye wit­nesses - Conviction thereon - Need for exercise of caution therefor.

CRIMINAL LAW AND PROCEDURE - Conflicts in evidence implicating accused of murder- How resolved.

CRIMINAL LAW AND PROCEDURE - Identification parade - Accused person identified thereat - Witness not stating what part accused played in the commission of the crime – Whether not sufficient for conviction.

AJAYI V. ZARIA NATIVE AUTHORITY

CRIMINAL LAW AND PROCEDURE - Fair trial – Meaning - Interpretation of evidence for accused.

AJIBOYE AND ANOR  V. THE STATE

CRIMINAL LAW AND PROCEDURE- “No case” submission - Ruling thereon - What it should contain.

CRIMINAL LAW AND PROCEDURE - “No-case” submission - Meaning and connotation of.

CRIMINAL LAW AND PROCEDURE - “No-case” submission - Plea of - What accused must show to succeed - What trial court faced therewith need consider.

AJIDAHUN  V. THE STATE

CRIMINAL LAW AND PROCEDURE ‑ Accused’s statement to police ‑ Recording of ‑ Need to record in language used by accused or something as near as possible to it.

CRIMINAL LAW AND PROCEDURE ‑ Circumstantial evidence ‑ Conviction pursuant to ‑ Requirements.

CRIMINAL LAW AND PROCEDURE ‑ Defences ‑ Defence of accused ‑ Duty on court to consider same – Effect of failure thereto

AJIJOLA AND ANOTHER V. THE STATE

CRIMINAL LAW:– Cheating/Deception of young woman – Rape – Proof of – Effect of wrongly admitted evidence around which the case turns  

AJISEFINI V. THE QUEEN

CRIMINAL LAW AND PROCEDURE: - Murder – Proof of same – Duty of prosecution to discharge evidentiary burdens

CRIMINAL LAW AND PROCEDURE - POLICE: - Police lending themselves as extra-judicial enforcers of rival civil claims – When crime arises therefrom - Questioning of accused persons in custody – Need for Police to observe evidentiary formalities with regard to exhibits and accused persons – Attitude of court thereto

AJODHA V. THE STATE AND OTHER APPEALS

CRIMINAL LAW AND PROCEDURE:- Murder – Robbery -  Rape – Nature of evidence needed to convict

CRIMINAL LAW AND PROCEDURE – EVIDENCE:- Confessional Statement – Where repudiated by maker as involuntary – Admissibility - Duty of court thereto

AKADILE V. THE STATE

 

AKANDE V. THE QUEEN

CRIMINAL LAW AND PROCEDURE -Judgment- Oral judgment - Com­pliance with section 245 of the Criminal Procedure Ordinance - Whether mandatory - Effect of non-compliance.

AKANG V. THE STATE

 

AKANNI V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder and arson – Murder occasioned by striking a match and setting house on fire – liability of persons present at crime scene or part of the mob – Burden of prosecution to tie accused persons to the crime or prove common intention among accused persons to kill the deceased or set the house on fire - Mere presence of a party at scene of murder - Whether enough to raise presumption of fact under Section 8 of Criminal Code

CRIMINAL LAW AND PROCEDURE:- Section 8 of Criminal Code - Con­notation and denotation – Conditions for the application of section – Need to prove common intention to commit crime charged – Whether nature of the song sung by a mob can be evidence of a common desire to kill

AKIBU HASSAN  V. THE STATE

CRIMINAL LAW AND PROCEDURE – Confessional statement of accused – Desirability of having outside the confession some evidence of circumstances which make it probable that confession was true – Whether an accused person can be convicted on his confession alone.

CRIMINAL LAW AND PROCEDURE – Retracted confessional statement – Whether an accused can be convicted on

AKILU  V. FAWEHINMI

CRIMINAL LAW:- Murder - Conspiracy to murder – Proof of 

AKINBISADE  V. THE STATE

Criminal Law and Procedure:- Prosecution - Duty to prove case beyond reasonable doubt.

AKINBOLADE DELE V. THE STATE

CRIMINAL LAW AND PROCEDURE – EVIDENCE - PROOF OF ARMED ROBBERY: What needs to be proved to secure a conviction for armed robbery

CRIMINAL LAW AND PROCEDURE - STATEMENT OF A CO-ACCUSED: The effect of a using the statement of an accused person against a co-accused suspect

CRIMINAL LAW AND PROCEDURE – EVIDENCE - CONFESSIONAL STATEMENT OF AN ACCUSED PERSON: Whether confessional statement of an accused person can solely provide the basis for his conviction

AKINKUNMI AND OTHERS V. THE STATE

CRIMINAL LAW AND PROCEDURE:- What needs to be proved to secure a conviction for armed robbery Murder - Committed in course of prosecution of unlawful purpose.

AKINLEMIBOLA V. C.O.P

CRIMINAL LAW AND PROCEDURE:- Corruptly receiving from a Chief Superintendent of Police - Section 98(1)(a)(ii) of the Criminal Code.

AKINLOYE V. WEY

CRIMINAL LAW AND PROCEDURE:- Charges - Alternative charges cancelled by Judge Advocate after verdict of “guilty” had been pro­nounced - Whether proper.

CRIMINAL LAW AND PROCEDURE:- Charges - Paucity of particulars - Failure of defence Counsel to ask for further and better particulars - Ef­fect.

CRIMINAL LAW AND PROCEDURE:- Charges laid under S.48 Navy Act, 1964 to cover period when Act was not in force - Whether convic­tion recorded thereunder sustainable

AKINOLA OLATUNBOSUN V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Purpose of a charge - whether a charge for murder in any of the Southern States can be correctly brought under section 319 of the Criminal Code - Whether a free and voluntary confession of guilt made by an accused person is sufficient to warrant a conviction

CRIMINAL LAW AND PROCEDURE - CHARGING AN ACCUSED UNDER A WRONG LAW OR SECTION OF THE LAW:- Appellant charged under the punishment section and not the section of a statute that created the offence - When the facts on which an appellant was convicted are known to law – Whether the fact that the accused was charged under a wrong law or section of the law, will lead to his acquittal

AKINTOMIDE V. COP

 

AKINWUNMI V. C.O.P.

CRIMINAL LAW AND PROCEDURE:- Charge of stealing a particular sum - Prosecution proving only a portion - Whether conviction possible.

AKINYEMI V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Alternative Counts - Conviction on all counts - Propriety of

CRIMINAL LAW AND PROCEDURE:- Manslaughter arising from driv­ing of vehicle - Degree of negligence required to sustain charge

AKOLU V. QUEEN

CRIMINAL LAW AND PROCEDURE:- Proof of crime - Onus on the pro­secution - Effect of failure to discharge the onus.

AKOSILE V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder – Proof of - Material points – What constitutes - Resolution of contradictions.

AKPABIO  V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Extra judicial statement of a witness - Sworn evidence of the witness - Conflict and contradiction between - Effect - Duty on witness to explain.

CRIMINAL LAW AND PROCEDURE:- Manslaughter - Ingredients of.

CRIMINAL LAW AND PROCEDURE:- Murder - Ingredients of - Duty on court to consider verdict of manslaughter and possible defer( e s open to the accused.

CRIMINAL LAW AND PROCEDURE:- Offences - Charge of murder - When accused may be convicted of manslaughter.

CRIMINAL LAW AND PROCEDURE:- Proof of crime -Contradiction in evidence of prosecution - Whether in all cases fatal to prosecution's case - Test as to whether it is fatal or not.

AKPAN  V. STATE

CRIMINAL LAW AND PROCEDURE - Defences - Alibi - Meaning of - When raised - Purpose of - Duty on prosecution - Duty on accused

CRIMINAL LAW AND PROCEDURE:- Proof of crime - Failure of prosecution to call vital witness - When to call vital witness - What defence must do -Witnesses named in proof of evidence - Whether prosecution obliged to call all - Relevant considerations

AKPAN V. THE STATE

 

AKPAN BEN AKPAN  V. THE STATE

CRIMINAL LAW AND PROCEDURE:– Confessional statement– need for corroboration to determine correctness

CRIMINAL LAW AND PROCEDURE:– Murder – Duty on prosecution to prove offence beyond reasonable doubt – Effect of failure thereto

AKPAN BEN AKPAN  V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Circumstantial evidence - Whether can ground conviction - Nature of evidence thereof required

CRIMINAL LAW AND PROCEDURE:- Confession - Extra-judicial confession - Meaning of - Confession – Where retracted - Whether can ground conviction

AKPAN MBAT UKPE  V. THE STATE

CRIMINAL LAW AND PROCEDURE:– Burden of proof in criminal trials – Duty on prosecution to prove criminal charge beyond reasonable doubt – What amounts to proof beyond reasonable doubt

CRIMINAL LAW AND PROCEDURE – Defence of claim of right under section 23 of Criminal Code – Ingredients of.

AKPAN UDO UKUT AND OTHERS V. THE STATE

CRIMINAL LAW AND PROCEDURE: - Evidence - Accomplice evidence – Evidence of defendant implicating co-defendant – Duty of court thereto

CRIMINAL LAW AND PROCEDURE: - Rape - Proof thereof - Evidence of prosecutrix – Whether needs corroboration – Whether court can convict based on it alone

AKPAN V. STATE

CRIMINAL LAW AND PROCEDURE - Confessional statement - Retraction of - Whether fact thereof makes it inadmissibility.

CRIMINAL LAW AND PROCEDURE - Confessional statement - Validity of to ground conviction.

AKPAN V. QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder – Proof - Eye witness accounts - Whether absence of motive is immaterial – How treated

AKPAN V. THE STATE

CRIMINAL LAW AND PROCEDURE: - Murder – Proof of – Sworn evidence of 12 year old eye-witness - Desirability of corroboration of such evidence – Where wrong evidence is treated as corroboration – Duty of appellate court to quash conviction

CRIMINAL LAW AND PROCEDURE:- Evidence - Statement admissible both as a dying declaration and as part of the res gestae – When given by a 12 year old – Whether requires corroboration – Whether evidence of dying declaration can be corroboration of the boy’s evidence – Effect

AKPASUBI V. UMWENI

 

AKPOBASA V. THE STATE

 

AKWO V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder - Appeals - Counsel not urging any ground of appeal - Effect of

ALABI  V. STATE

 

ALABI V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Commission of crime in prosecu­tion of common purpose - Section 8 of Criminal Code, Cap. 42 - Effect

CRIMINAL LAW AND PROCEDURE - Eye witness account - Supported by statement of accused to police – Whether sufficient for conviction.

ALADESUSI V. QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder - Placing an accused per­son under medical observation - Propriety of

ALAKE  V. STATE

CRIMINAL LAW AND PROCEDURE:- Arraignment - What it consists of

CRIMINAL LAW AND PROCEDURE:- Charges - Charge offending against rules of duplicity and misjoinder - Effect of trial conducted thereon.

CRIMINAL LAW AND PROCEDURE - Charges - Duplicity and misjoinder - Whether issues of law or fact - Appropriate stage to raise.

ALAKE V. STATE

CRIMINAL LAW AND PROCEDURE:- Findings of trial Court at variance with particulars of offence alleged -Conviction thereon – Validity - Attitude of appellate court

CRIMINAL LAW AND PROCEDURE:- Offences -Forgery - Ingredients of - What does not amount to proof of

CRIMINAL LAW AND PROCEDURE:- Offences - Uttering forged cheques and stealing money thereby - What must be proved by the prosecution

ALASHI V. INSPECTOR GENERAL OF POLICE

CRIMINAL LAW AND PROCEDURE:- Official corruption - Section 116(1), Criminal Code - What constitutes an offence thereunder

ALBERT IGBINE V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Corroboration - Nature of - Whether can come from the defence - Principle applicable

CRIMINAL LAW AND PROCEDURE:- Corroboration - When required - What amounts to

CRIMINAL LAW AND PROCEDURE:- “Rape” - Meaning of - Section 282 (1) of the Penal Code

ALBERT IKE V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Onus on prosecution to prove guilt of an accused to high degree of certainty in capital cases - Contradictory evidence - Failure to resolve - Effect

ALBERT V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder –Sufficiency of the proof of Intention to cause griev­ous harm in sustaining charge.

ALERI V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder – Ingredients – How proved Defence of Provocation – Relevant considerations

ALEWO ABOGEDO V.  THE STATE

CRIMINAL LAW AND PROCEDURE:- Proof of crime - On whom lies onus of proof - Duty of court – Treatment of contradictions in evidence of prosecution witnesses - Defence resting case on evidence of prosecution - Effect and danger of

ALHAJI ADEBOLA OLAKUNLE ELIAS V. CHIEF TIMOTHY OMO-BARE

 

ALHAJI MOHAMMED MMAMMAN V. FEDERAL REPUBLIC OF NIGERIA

CRIMINAL LAW AND PROCEDURE:- Criminal charge filed before the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal – Offence of granting unauthorized advances or credit facility

ALHAJI MUJAHID DOKUBO-ASARI V. FEDERAL REPUBLIC OF NIGERIA

 

ALHAJI SALISU BABUGA V.  THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder -Absence of the corpse-Whether fatal to the prosecution’s case - When not fatal.

CRIMINAL LAW AND PROCEDURE:- Murder - Cause of death - How established - Duty on prosecution in respect thereof

CRIMINAL LAW AND PROCEDURE:- Murder - Cause of death - Medical evidence - Whether indispensable in all cases to establish cause of death - When may be dispensed with.

ALI AND ANOTHER V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder contrary to S254(4) Criminal Code, Cap. 28 L.W.R.N. - Defence resting case on prosecutions case - Section 287(I)(a), Criminal Procedure Act - Effect of.

ALI V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Culpable homicide punishable with death - Weight of evidence required - Corroboration.

ALL PROGRESSIVES CONGRESS V. PEOPLES DEMOCRATIC PARTY & ORS

CRIMINAL LAW AND PROCEDURE - FORGERY: Standard of proof

ALO CHUKWU V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder – Proof of - Witnesses - Duty of prosecution to call same - Scope of - Whether fatal to the prosecution’s case where its witnesses are members of same community or family with deceased - Defences - Self defence, provocation, accident -Essential requirements of- When will the defences avail an accused - Whether an accused can properly rely on all the defences on the same evidence.

ALONGE V. ATTORNEY GENERAL WESTERN NIGERIA

CRIMINAL LAW AND PROCEDURE:- Appeals in Criminal Cases – Where based on miscarriage of justice - Case where none proved – Effect

CRIMINAL LAW AND PROCEDURE:- Homicide – Murder fuelled by belief in witchcraft caused by oath taken to fend off accusation of adultery with deceased person – Provocation – Whether words can be provocation.

ALUKO V. D.P.P. (W.R.)

CRIMINAL LAW AND PROCEDURE:- Criminal Procedure Ordinance, Ss. 77 and 277- Non-indictable offence - Triable summarily.

CRIMINAL LAW AND PROCEDURE:- Criminal Procedure Ordinance, 5.276 - Summary trials - Powers of Chief Justice to make rules.

AMADU TEA V. COMMISSIONER OF POLICE

CRIMINAL LAW AND PROCEDURE:- Bail – Surety -Forfeiture of bond - Bond not exhibited - Whether forfeiture proved - Recovery of penalty - Imprisonment when lawful - Criminal Procedure Code ss. 304, 354

AMADASUN V. COMMISSIONER OF POLICE WESTERN REGION

CRIMINAL LAW AND PROCEDURE:– Charges of obtaining by false pretences, impersonation and conspiracy to defraud – How proved

AMAEFULE V. THE STATE

CRIMINAL LAW AND PROCEDURE:– Filing of information while proceedings are pending in lower coup - Compliance with s.18 (ee) of the Criminal Procedure (Miscellaneous Provisions Law No. 19 of 1974, Cap. 31, Laws of Eastern Nigeria, 1963.

AMAKO V. STATE

CRIMINAL LAW AND PROCEDURE:- Filing of charge - Amended charge - Duty on court to obtain plea of accused thereto.

CRIMINAL LAW AND PROCEDURE - Defences - Drunkenness - Fact that accused is in the habit of smoking Indian Hemp - Whether sufficient to exculpate accused.

CRIMINAL LAW AND PROCEDURE-Defences -Insanity-Accused alleging that he is insane - Duty thereon.

AMALA V. STATE

CRIMINAL LAW AND PROCEDURE:- Arraignment – Essential Requirements - Section 215, Criminal Procedure Act - Whether fatal - Where accused complains that charge was not satisfactorily read and explained to him – How proved - Failure of trial court to record that charge was read over and explained to accused to his satisfaction – Legal effect

CRIMINAL LAW AND PROCEDURE:- Proof of crime - Circumstantial evidence - Nature of evidence required to ground conviction – Where strong circumstantial evidence is led against an accused person in a criminal trial and this give rise to the drawing of a presumption or inference irresistibly warranted by such evidence – Whether trial court will not hesitate to draw such a presumption or inference so long as it is so cogent and compelling as to convince the court that on no rational hypothesis other than the inference can the facts be accounted for

AMEH V. THE STATE

CRIMINAL LAW AND PROCEDURE:– Culpable homicide punishable with death - 5.221 Penal Code - Northern Nigeria - Defences - Right of private defence - S.59 Penal Code - Defence of own body and other’s - S.60, Penal Code - Failure of Judge to evaluate evidence properly - Effect on appeal.

AMEH RICHARD V. THE STATE

CRIMINAL LAW AND PROCEDURE – MURDER:- Essential ingredients of the offence of murder by gunshot –Intent - How proved - Whether court can convict and sentence without forensic certification and confirmation of the particular bullets that killed the victim and the guns they emanated from

CRIMINAL LAW AND PROCEDURE:– Proof of crime – Identification parade - Evaluation of the identification parade

AMINU MOHAMMED AND THE STATE

 

AMINU TANKO V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Sentencing - How the court sentences in cases where the sentence prescribed is term of years of imprisonment - Whether can use discretion

AMOO AND OTHERS V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder- Crowd acting in concert – Proof of common intention - Section 8, Criminal Code

CRIMINAL LAW AND PROCEDURE:- Reading of Deposition to refresh witness’s memory - Conditions governing - Where read - Propriety of - Section 215(1) of Evidence Ordinance.

AMOS BUDE V. THE STATE

CRIMINAL LAW AND PROCEDURE - ARMED ROBBERY- Criminal proceedings - Whether the proceedings of the Court below are a nullity by reason of the failure of the Appellant to make a fresh plea to the Amended Charge- Appropriate order to make when a trial is held to be a nullity

AMUSA V. STATE

CRIMINAL LAW - Murder - Use of circumstantial evidence.

AMUSA V. THE STATE

CRIMINAL LAW AND PROCEDURE:– Conviction of an accused in a charge of causing death by dangerous driving – Road traffic offences – Conviction of – Degree of negligence sufficient to sustain same -  How proved - Sections 4 and 5(1) of the Federal Highways Act 1971 – How treated

CRIMINAL LAW AND PROCEDURE: – Proof of crime – Identity of deceased person and cause of death - Medical officer in the service of a state – Whether competent to perform a post mortem examination

AMUSAN V. BENTWORTH FINANCE (NIG.) LTD

 

ANAKWE V.  C.O.P

CRIMINAL LAW AND PROCEDURE:- Application for bail - Whether failure by the prosecutor to prefer or file proof of evidence against the appellant within 75 days as ordered by the Learned trial Judge, entitles the appellant/applicant to be admitted to bail

ANANABA OHUKA AND ORS V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder - No case submission - Meaning of - When a no case submission may be made and upheld

ANDOOR AGINDE V. REGINA

CRIMINAL LAW AND PROCEDURE:- Murder - Provocation - Proportionality of.

ANEKWE V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder – Proof of - Circumstantial Evidence - Contradictory evidence of prosecution witness - Whether sufficient to ground conviction - Accused telling lies - Whether evidence of guilt.

ANI V. QUEEN

CRIMINAL LAW AND PROCEDURE: – Murder – Duty of prosecution - When facts are deemed amply proved – Defence of provocation – Failure thereof

ANKWA V. THE STATE

 

ANOFI ADEKUNBI OPAYEMI V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Appeal against conviction of wounding with intent -- Criminal Procedure - Duty of the prosecution - Defence of the Appellant not investigated - Effect of –

CRIMINAL LAW AND PROCEDURE:- Proof of crime – Whether Prosecution not bound to can all witnesses - Witness whose evidence would settle a vital point one way or the other - Effect of failure to call such a witness - Criminal Code, of Western Nigeria, Cap. 28, S. 272(1)

ANOWELE V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Conspiracy - Persons charged for break in - Possession by one of (a)housebreaking tools (b)firearms – Proper treatment - Sentences - Terms given for conspiracy and for breaking in – How to run.

ANTHONY EJINIMA V. THE STATE

CRIMINAL LAW AND PROCEDURE - DEFENCE OF INSANITY: Onus of proving insanity - On whom lies – Standard of proof required – Whether on a prepondrance of evidence or on the balance of probability

CRIMINAL LAW AND PROCEDURE - VOLUNTARY CONFESSION OF GUILT BY AN ACCUSED PERSON: Whether a free and voluntary confession of guilt of an accused person, if direct and positive and satisfactorily proved can warrant a conviction, even if there is no corroborative evidence.

ANTHONY EMEKA ANI V. THE STATE

CRIMINAL LAW AND PROCEDURE:– Bail – exercise of discretion of a Judge of the High Court in granting bail where an accused person is charged with any offence punishable with death pursuant to section 118(1) of the Criminal Procedure Law of Lagos State 1994 – applicable principles.

CRIMINAL LAW AND PROCEDURE – Bail – principles governing grant of bail – Onus on accused person and prosecution with respect to same.

CRIMINAL LAW AND PROCEDURE – Bail – Medical report issued by a General Hospital indicating that an accused is suffering from a terminal disease requiring treatment – whether qualifies as an exceptional circumstance justifying the grant of bail for an accused person charged with murder

ANTHONY NWACHUKWU V. THE STATE

 

ANTHONY OKOBI V. THE STATE

CRIMINAL LAW AND PROCEDURE - ROBBERY:- Constituents of armed robbery

ANUM V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder – Proof of - Hitting of deceased with rifle butt on his chest - Section 32(b) of Criminal Code Cap. 30 – How treated

ANYA V. ANYA & ORS

CRIMINAL LAW:- Forgery - legal implication- Standard of proof required

 

ANYANWU V. QUEEN

CRIMINAL LAW AND PROCEDURE:- Accused person testifying against co-accused - Cross-examination of as to bad character - Where disallowed by judge - Effect.

CRIMINAL LAW AND PROCEDURE:- Accused person testifying against co-accused - Cross-examination of as to bad character - Whether permissible.

ANYANWU V. THE STATE

CRIMINAL LAW AND PROCEDURE - DUTY OF TRIAL JUDGE:- Where an interpreter is provided at the commencement of trial and a record of this is made – Whether it is desirable and a constitutional duty of the trial Judge to record this fact also on the subsequent days of the trial when use is made of the interpreter - Where Judge fails to make a record of the use of the interpreter in subsequent days – Whether the trial is per se vitiated

ANYIAM  V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:— Corruption —Proof of –  Member of Police Force asking money for another for something to be done by that other person — Resolving doubt on evidence in accused’s favour — Criminal Code, section 116 (1) – Effect

ANYIM V. STATE

CRIMINAL LAW AND PROCEDURE:— Murder – Proof of – Defences – Legal Insanity/delusions – Statutory elements - How proved – Whether a question of fact which is dependent upon the previous and contemporaneous acts of the party – Whether the evidence of insanity of ancestors and blood relations are relevant and admissible, and the evidence of a doctor not necessarily always essential - Whether there is a legal defence for pre-emptive killing

ANYIM V. THE STATE

CRIMINAL LAW AND PROCEDURE:— Murder – Proof of – Defences – Legal Insanity/delusions – Statutory elements - How proved – Whether a question of fact which is dependent upon the previous and contemporaneous acts of the party – Whether the evidence of insanity of ancestors and blood relations are relevant and admissible, and the evidence of a doctor not necessarily always essential - Whether there is a legal defence for pre-emptive killing

APAMPA V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Public Officer – Corruption and Abuse of Office - Acquiring or holding private interest in official contract - Trial Judge ruling that accused had no case to answer on ground that he was not a person employed in the Public Service - s.85 and s.88 of Criminal Code Cap. 28 Laws of Western Nigeria – How treated

APISHE V. THE STATE

CRIMINAL LAW:- Murder Contra s. 319 of the Criminal Code – Proof of

CRIMINAL LAW AND PROCEDURE - DEFENCES:— Defence of Provocation - Question of Class provocation - Duty of Court to consider the issue of provocation if it is implicit in the evidence and even if the defence has not specifically raised it

CRIMINAL LAW AND PROCEDURE:— Common intention – Whether inferrable from circumstantial evidence

APPIAH DANKWA AND OTHERS V. THE KING

CRIMINAL LAW AND PROCEDURE:- Offences against the safety of the State - Charges under section 324 of the Gold Coast Criminal Code – How proved

CRIMINAL LAW AND PROCEDURE:- Plea of Alibi - Omission by judge in case tried by assessors to state specifically that the failure of an alibi does not lessen onus laid upon prosecution – Whether not fatal

CRIMINAL LAW AND PROCEDURE:- Indictment, Conviction and Sentencing -  Rule that no one count of the indictment should charge the defendant with having committed two or more separate offences – Test - Giving of maximum sentence upon each count to convicted persons without distinction – When justified – Relevant considerations – Duty of court to weigh mitigating circumstances 

APUGO V. STATE

CRIMINAL LAW AND PROCEDURE - Defences - Self-defence - Nature of - Effect of - When will avail accused charged with murder - Where successfully raised - Effect - Whether same as successful plea of provocation - When will avail accused.

ARA-NDE V. QUEEN

CRIMINAL LAW AND PROCEDURE - Conviction - Substitution of ver­dicts - Section 27(1) of the Federal Supreme Court Ordinance - When unnecessary.

ARC AMINU DABO V. FEDERAL REPUBLIC OF NIGERIA

CRIMINAL LAW:- Corruption and Abuse of Office – How treated

 

ARCHIBONG V. STATE

CRIMINAL LAW AND PROCEDURE: - Proof of crime via circumstantial evidence - Standard of proof required - When sufficient to prove commission of crime - Duty on prosecution – Relevant considerations

ARCHIBONG V. THE STATE

CRIMINAL LAW AND PROCEDURE:— Murder - Standard of proof - Balance of probability instead of beyond reasonable doubt - Weight - Evidence when deemed inconclusive

AREBAMEN V. THE STATE

CRIMINAL LAW AND PROCEDURE:— Arson - Mens rea - Defence of Alibi - Discharge of Alibi

 

AREHIA & ANOR. V. THE STATE

CRIMINAL LAW AND PROCEDURE:— Manslaughter – Grievous bodily harm – Driving without licence –How proved 

CRIMINAL LAW AND PROCEDURE:- Evidence – Cross-examination of witness who has made a previous statement in writing - Whether a witness may be cross-examined as to previous statement made by him in writing or reduced into writing by the police or anyone else without such writing being shown to him or being produced – Purpose of such cross-examination - Where the witness admits making the statement – Whether it becomes unnecessary to produce the statement

AREMU V. INSPECTOR-GENERAL OF POLICE

CRIMINAL LAW AND PROCEDURE:— Criminal appeals to Supreme Court from High Court’s appellate decision arising from decision of magistrate court - ‘weight’ of evidence as ground of appeal on facts – How treated

AREMU V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Armed robbery – Proof of  - Doctrine of recent possession of stolen vehicle - When applicable.

CRIMINAL LAW AND PROCEDURE:- Confession - Conviction based on retracted confession - Whether proper

CRIMINAL LAW AND PROCEDURE:- Confession - Retracted confession - Evidence corroborating confession - Whether conviction can be based thereon

CRIMINAL LAW AND PROCEDURE:- Defences -Alibi -Proper time to raise - Whether can be raised during cross-examination of accused

CRIMINAL LAW AND PROCEDURE - Doctrine of recent possession - Meaning and effect in Nigerian criminal law.

ARICHE V. STATE

CRIMINAL LAW AND PROCEDURE:- Murder – Proof of Crime – Duty of Prosecution – Corpus delicti – Where there is absence of corpse of deceased person - Circumstantial evidence - Whether sufficient to ground conviction of accused

CRIMINAL LAW AND PROCEDURE: - Murder - Absence of deceased’s body - Whether fatal to prosecution’s case.

CRIMINAL LAW AND PROCEDURE:-Murder trial – Doctrine of Last Seen – Effect on traditional onus on prosecution – Onus on Accused person – what the prosecution needs to prove - section 138 of the Evidence Act

ARTHUR ONYEJEKWE V. THE STATE

CRIMINAL LAW AND ORDER - CONVICTION: Whether sentence based on conviction that is not in line with the appropriate statutory wording is defective

CRIMINAL LAW AND PROCEDURE - CAUSE OF DEATH: Whether court can draw inference on the cause of death

CRIMINAL LAW AND PROCEDURE - CONVICTION: Power of Court of Appeal and the Supreme Court over same  

ARUA EME V. THE STATE

CRIMINAL LAW AND PROCEDURE:— Trial - Judge’s failure to ask defendant without counsel if he has witnesses – Effect – Whether  depends on circumstances of case.

ARUM V. THE STATE

CRIMINAL LAW:- Murder - Proof of – Defences - Insanity – Whether evidence of insanity of ancestors or blood relatives and evidence of illness exhausting the brain is admissible and relevant – Whether medical evidence is admissible but not essential

CRIMINAL LAW:- Criminal Code, Section 28 – Two limbs implied therein and effect – Delusion – Need to differentiate same from Insanity – Effect of failure thereof - Where proved – When accused is “guilty but insane” or “is not criminally responsible” for the act or omission

ARUEYEE V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder - Failure by trial court to advert to various discrepancies in the evidence of witnesses on material points - Failure to make adequate findings on material points - Miscarriage of justice - Improper inferences by trial court.

ARUTU V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Inspection of locus in quo - Prin­ciples applicable - Irregular procedure - Effect

CRIMINAL LAW AND PROCEDURE - Right of accused to cross-examine witnesses - Denial of - Effect.

ARZIKA V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Conviction - When set aside - Effect

CRIMINAL LAW AND PROCEDURE:- Fraudulent false accounting - Signing of false Certificate - Whether offence proved

CRIMINAL LAW AND PROCEDURE:- Prosecution withholding material evidence - Propriety of.

ASABA V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder – Mockery and Jeers over skin condition – Taunt of accused as leprous – Whether evidence of legal provocation

ASABE ABDULLAHI V. THE STATE

CRIMINAL LAW – MURDER: - Offence of Culpable Homicide punishable with death contrary to Section 221 (b) of the Penal Code Law – How proved – Relevant considerations

CRIMINAL LAW PROCEDURE - AMENDMENT TO A CHARGE: - Section 208 (2) of the Criminal Procedure Code is fundamental error - Need for the requirement for a valid arraignment to be complied with afresh when there is an amendment to a charge - Power of Judge under section 208 (1) of the Criminal Procedure Code to amend or after the charge at any stage of trial before Judgment – Whether section 208 (1) of the Criminal procedure Code makes it mandatory for the trial Judge who amends or alters a charge to take the plea of the Accused Person before he proceeds with the Case or Judgment whichever is the Case – When trial Judge decided to amend the charge at the stage of Judgment – Whether procedure was wrong – Duty of a judge to suspend judgment when he decide to amend the charge - Whether failure to comply with Section 208 (2) of the Criminal Procedure Code is fundamental error and is fatal to the whole trial and it renders the whole trial a Nullity not withstanding that it MAY BE an excellent trial in all its ramification

ASAKITIKPI V. STATE

CRIMINAL LAW AND PROCEDURE:- Appeal against conviction in Supreme Court - Where a point is decided in favour of appellant -When Supreme Court may still dismiss appeal - Section 26(1) Supreme Court Act, 1960

CRIMINAL LAW AND PROCEDURE:- Arraignment-What constitutes - Section 215 Criminal Procedure Law

CRIMINAL LAW AND PROCEDURE:- Criminal trial -Requirement of presence of accused thereat - Failure of trial court to note presence of appellant in court on records - Whether vitiates whole proceedings - Section 210 Criminal Procedure Law Cap 49 Laws of Bendel State 1976 and section 26, Supreme Court Act, 1960.

ASANYA V. STATE

CRIMINAL LAW AND PROCEDURE - Confessions - Where retracted - Effect.

CRIMINAL LAW AND PROCEDURE - Defences - Defence of insanity - Burden of proof of.- On whom lies - How discharged - What accused relying thereon must show - Where raised - Duty on court to consider.

ASHARARU DAN SAURI BAMAINA V. KANO NATIVE AUTHORITY

CRIMINAL LAW AND PROCEDURE: - Murder - Plea of accident - Evi­dence of deliberate act – Hitting a 7 year old with hoe on base of head - Whether provocation is a defence – how considered

ASHIMIYU V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Murder – Proof of - Parties to an offence -  Liability for conviction as principal offender - Presence at and encouragement of unlawful assault on deceased person – Effect

CRIMINAL LAW AND PROCEDURE:- Prosecution witness - Credibility – Whether unaffected by immaterial contradictions or inconsistencies –

CRIMINAL LAW AND PROCEDURE:- Defence of provocation – When deemed not established

ASIBONG V. THE QUEEN

CRIMINAL LAW:- Manslaughter – Ingredients for a successful conviction - where cause of death is not attributable to accused

ASIMIYU ALARAPE  V. THE STATE

CRIMINAL LAW AND PROCEDURE – Common intention – Commission of a crime which is a probable consequence of – conditions necessary to sustain a conviction.

CRIMINAL LAW AND PROCEDURE – Common intention – How inferred – Section 8 of the Criminal Code Law of Ogun State 1978 (Section 8 Cap 77 LFN 1990) considered.

ASUQUO AKPAN UKPONG V. THE QUEEN

CRIMINAL LAW AND PROCEDURE:- Murder by machete – Proof of - Statement of hostile witness put in evidence— Whether court duty bound to warn itself before consideration of such statement

ASUQUO V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Attempting to induce a witness to withhold true testimony - Existence of a judicial proceeding – Whether an essential element of the offence - Criminal Code (E.N.) S.S. 113, 121(6) and 126(1),(2).

ATAKE V. THE ATTORNEY-GENERAL OF THE FEDERATION AND ANOR

CRIMINAL LAW AND PROCEDURE:- Contempt of Court – Meaning – Types – Constitutional basis – Whether it is every insult offered to a judge in the exercise of the duties of his office which is a contempt of court – Distinction between a judge excising his power of punishment for contempt of court and satisfying a judge’s desire to vindicate his personality (for which purpose recourse could be had in civil proceedings for libel or slander)

CRIMINAL LAW AND PROCEDURE:- Contempt in curiae faciae and Contempt ex faciae – Distinction between both - Test for what amounts to contempt of court in the face of the court – Whether is subjective and does not require any application by a third party or, for that matter, an affidavit as it must have in matters of contempt ex facie – Need for contemnor in all cases to know what the contempt charged consist of

CRIMINAL LAW AND PROCEDURE:- Contempt of court proceedings - Trial summarily i.e. brevi manu - Simple indictment or on Information - Whether trials for contempt of court by indictment or Information are usually before another judge whose court was not the subject of the contempt – Whether it is always open to the court, where the contempt is in curiae faciae - depending, on the-nature or gravity of such contempt to deal with the same instanter and without the process of a trial or otherwise – Relevant considerations

ATANDA V. THE QUEEN - CWL

CRIMINAL LAW AND PROCEDURE:- Murder-  Defence of provocation - When not established

ATANO AND ANOTHER V. A-G. (BENDEL)

CRIMINAL LAW AND PROCEDURE:- Conspiracy, stealing and Arson ss. 516, 390, 443, Criminal Code Law, Cap. 48, fool. II Laws of Bendel State, 1976 - No case submission length of the ruling - Effect of.

ATAT OF MANGOR V. REGINA

CRIMINAL LAW AND PROCEDURE:- Murder - Defence of drunken­ness and provocation - When not applicable.

ATEJI V. THE STATE

CRIMINAL LAW AND PROCEDURE:- Culpable Homicide - Reliability of evidence - provocation - Assessment of cooling time - Unsatisfactory Medical Report - Observation on failure of accused person to disclose defence

ATO V. THE STATE

CRIMINAL LAW:- Homicide – Murder – Duty of prosecution to prove same –Provocation - Whether words spoken in the course of a quarrel and followed immediately by a blow are evidence of provocation - Evidence of premeditation - Misdirection by trial court as to same – Effect on conviction of murder – When court would substitute murder with culpable homicide not punishable with death

ATTAH V. ELDERS OF THE RULING HOUSE OF OSIROKO AND EFOFU

 

ATTE V. C.O.P

CRIMINAL LAW AND PROCEDURE:- Criminal Law Appeal - Assault - Powers of Magistrate under 5.300 of the Criminal Procedure Law (Cap. 31) of the East Central State.

ATTORNEY GENERAL V. BIRMINGHAM POST AND MAIL  LTD

CRIMINAL PROCEDURE:- Contempt of court - Publications concerning legal proceedings - Substantial risk of prejudice to fair trial - Criminal trial in progress - Newspaper article published about offences in question - Criminal proceedings subsequently stayed – Effect

ATTORNEY-GENERAL OF KADUNA STATE V. MALLAM UMARU HASSAN

 

ATTORNEY-GENERAL V. AJIBOLA

 

ATTORNEY-GENERAL, WESTERN NIGERIA V. THE AFRICAN PRESS LTD

CRIMINAL LAW - Prosecution for seditious publication - Information signed, by Director of Public Prosecutions (W.N.)