criminal procedure - The LawPavilion Blog

WHAT DEGREE OF PROVOCATION WILL REDUCE THE OFFENCE OF MURDER TO ONE OF MANSLAUGHTER

CASE TITLE: ESSIEN v. STATE (2021) LPELR-55181(CA) JUDGMENT DATE: 22ND JULY, 2021 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: RITA NOSAKHARE PEMU, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Criminal Law and Procedure. FACTS This is an appeal against the judgment of the Ondo State High Court, Akure. On the 10th of September, a…

ELEMENTS OF THE OFFENCE OF ARMED ROBBERY

OSIFO v. STATE (2021) LPELR-54136(CA) JUDGMENT DATE: 5TH MAY, 2021 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE. LEAD JUDGMENT: JOSEPH EYO EKANEM, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the Offences of Armed Robbery and Kidnapping. FACTS The case of the prosecution was that at 7:30 pm on 30/4/2010, a certain Tina Ihasele was in a…

GENERAL PRINCIPLES OF LAW ON THE OFFENCE OF RAPE

ALI v. STATE (2020) LPELR-53409(SC) JUDGMENT DATE: 18TH DECEMBER, 2020 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE (OFFENCE OF RAPE). LEAD JUDGMENT: OLUKAYODE ARIWOOLA, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the Offence of Rape. FACTS This is an appeal against the judgment of the Court of Appeal, Jos Division, Coram: – Uchechukwu Onyemenam; Habeeb Adewale…

WHAT THE PROSECUTION MUST PROVE TO ESTABLISH THE COMMISSION OF THE OFFENCE OF ARMED ROBBERY

AUGUSTINE v. STATE (2021) LPELR-52893(CA) JUDGMENT DATE: 8TH FEBRUARY, 2021 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE (OFFENCE OF ARMED ROBBERY). LEAD JUDGMENT: FOLASADE AYODEJI OJO, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the offence of Armed Robbery. FACTS The summary of the case of the prosecution against the accused person (MOSES AUGUSTINE) was that on…

THE LAW ON THE CONDUCT OF TRIAL WITHIN TRIAL

GIMBA v. FRN (2021) LPELR-53263(CA) JUDGMENT DATE: 5TH FEBRUARY, 2021 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE (TRIAL WITHIN TRIAL) LEAD JUDGMENT: PETER OLABISI IGE, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Criminal Law and Procedure FACTS This appeal is against the judgment of the High Court of Federal Capital Territory delivered by HON. JUSTICE…

SHOULD A PERSON CHARGED WITH A FEDERAL OFFENCE LIKE ARMED ROBBERY BE CONVICTED FOR A STATE OFFENCE LIKE DISHONESTLY RECEIVING STOLEN PROPERTY AFTER HE HAS BEEN ACQUITTED OF ARMED ROBBERY?

CASE TITLE: MUSA V. STATE (2020) LPELR-51840(CA) JUDGMENT DATE: 3RD DECEMBER, 2020 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE. LEAD JUDGMENT: BOLOUKUROMO MOSES UGO, J.C.A. SUMMARY OF JUDGMENT INTRODUCTION: This appeal borders on Criminal Law and Procedure. FACTS: This is an appeal/cross-appeal against the decision of the High Court of Bauchi State. The facts of the case are that on…

DUTY OF AN ACCUSED PERSON RAISING THE DEFENCE OF ALIBI

CASE TITLE: UGWU v. STATE (2020) LPELR-49375(SC) JUDGMENT DATE: 24TH JANUARY, 2020 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGE: OLUKAYODE ARIWOOLA, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Criminal Law and Procedure. FACTS This is an appeal against the judgment of the Court of Appeal, Enugu division delivered on Friday 20th December 2013. The…

WHAT IS THE EFFECT OF FAILURE TO ESTABLISH THE OFFENCE OF RAPE?

CASE TITLE: JULIUS v. STATE (2019) LPELR-48491(CA) JUDGMENT DATE: 5TH SEPTEMBER, 2019 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the Offence of Rape. FACTS This is an appeal against the judgment of Ekiti State High Court delivered by Hon. Justice J. O. Adeleye on…

CAN A BREACH OF CONTRACT RESULT IN CRIMINAL LIABILITY?

CASE TITLE: ANUBALU v. STATE (2019) LPELR-48088(CA) JUDGMENT DATE: 3RD JULY, 2019 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: ABUBAKAR SADIQ UMAR, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders Criminal Law and Procedure. FACTS This is an appeal against the Judgment of the High Court of Anambra State sitting in Ogidi (“the lower Court” or “the trial…