HOW TO ESTABLISH THE OFFENCE OF MISCHIEF BY FIRE

CASE TITLE: SALAU v. STATE (2019) LPELR-48114(SC)

JUDGMENT DATE: 21^ST JUNE, 2019

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: UWANI MUSA ABBA AJI. J. S. C.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Criminal Law and Procedure.

FACTS

This appeal is against the judgment of the Court of Appeal, Abuja Division, delivered on 3/3/2016, which affirmed the conviction and sentence of the Appellant by the trial Court, wherein he was convicted and sentenced to 24 years imprisonment and fine of N20, 000 for the offence of mischief by fire.

At the trial, the Prosecution called 6 witnesses and tendered several Exhibits; at the end of which a no-case submission was made leading to the discharge of the Appellant on 1st and 3rd charges only and convicted on the 4th head of charge for 24 years imprisonment and fine of N20,000. On appeal to the lower Court, the Appellant lost, hence this appeal to the Supreme Court.

ISSUES FOR DETERMINATION

The Court determined the appeal on the lone issue as formulated by the appellant:

‘’Whether the Respondent proved its case against the Appellant.’’

DECISION/HELD

In conclusion, the Court dismissed the appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – OFFENCE(S): What the prosecution must establish to prove the offence of mischief by fire
• CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE: Circumstances where an identification parade will not be necessary
• CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE: Circumstances where identification parade will be useful and necessary
• EVIDENCE – RE-CALLING OF WITNESSES: Position of law as regards the evidence of a witness who can no longer be recalled by reason of death

EVIDENCE – EVIDENCE OF A SINGLE WITNESS: Whether a court can convict on the evidence of a single witness