Categories: Be the FIRST to KNOW

WAYS OF PROVING THE COMMISSION OF A CRIME

CASE TITLE: IWUOHA v. STATE (2019) LPELR-48797(CA)

JUDGMENT DATE: 1ST NOVEMBER, 2019

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGE: MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Criminal Law and Procedure.

FACTS

The appellant was the 3rd accused in Charge No. B/68C/2010 which was tried and determined by the High Court of Edo State, holden at Benin City. In its judgment, delivered on the 24th day of November 2014 the appellant was convicted and sentenced to life imprisonment for the offence of kidnapping.

This appeal is against the said decision.

ISSUES FOR DETERMINATION

The appeal was determined on the following issues:-

“1. Whether the prosecution has proved the case of kidnapping against the accused person beyond reasonable doubt.

  1. Whether the extrajudicial statement of the appellant Exhibit ‘P2’ was duly admitted in evidence as a confessional statement.
  2. Whether the learned trial judge sufficiently complied with the provisions of Section 164 of the Criminal Procedure Act after the charge was amended.
  3. Whether the identification parade is a sine qua non in all criminal cases.”

DECISION/HELD

In the final analysis, the appeal was dismissed and the judgment of the trial Court was affirmed.

RATIOS:

  • CRIMINAL LAW AND PROCEDURE- AMENDMENT OF CHARGE: Position of the law on failure to comply with Section 164 (1) of the Criminal Procedure Law as regards amendment of the charge
  • CRIMINAL LAW AND PROCEDURE- AMENDMENT OF CHARGE: Position of the law on failure to comply with Section 164 (1) of the Criminal Procedure Law as regards amendment of the charge
  • EVIDENCE- TRIAL WITHIN TRIAL: Instances where a trial-within-trial will not be conducted
  • EVIDENCE- PROOF: Ways of proving the commission of a crime
  • JUSTICE- SUBSTANTIAL JUSTICE: Attitude of courts to ensure substantial justice is done.
WHAT OUR CLIENTS ARE SAYING…

Thank you so much LawPavilion for the information, it will really help us a lot as students. Now that we have it on whatsapp, it will be easy to access at any time.

~AMADI OOREOFE

lawpavilion

Recent Posts

Bank Liability for Honouring Cheques or Withdrawals Without Customer Authorization

CASE TITLE: ALL STATES TRUST BANK PLC v. BIU COMMUNITY BANK LTD (2025) LPELR-80869(CA) JUDGMENT…

5 days ago

Whether Euthanasia/Mercy Killing is a Recognized Defence in Nigeria’s Criminal Jurisprudence

CASE TITLE:  DANLADI v. STATE (2025) LPELR-80672(SC) JUDGMENT DATE: 7TH MARCH, 2025 PRACTICE AREA: CRIMINAL LAW…

5 days ago

Presumption of Correctness in the Findings of Courts: On Whom Lies the Burden to Rebut Same

CASE TITLE: ASSAH v. STATE (2025) LPELR-80871(SC) JUDGMENT DATE: 4TH APRIL, 2025 PRACTICE AREA: CRIMINAL…

5 days ago

Does The Mere Existence of an Overdraft Facility Automatically Translate to Indebtedness or Constitute A Binding Loan Agreement?

CASE TITLE: WEMA BANK PLC v. OSINOWO & ANOR (2025) LPELR-80275(CA) JUDGMENT DATE: 17TH JANUARY, 2025…

5 days ago

Navigating Nigeria’s Third-Party Motor Vehicle Insurance Laws: A Critical Analysis

Insurance regulations are crucial for safeguarding both individuals and society. In Nigeria, the Insurance Act…

5 days ago

Understanding Current Emerging Legal Frontiers of Robots and Robotics Towards Reshaping The Future of Legal Practice In Modern World

By: Menseh Madaki, ESQ In the silent revolution of our time, robots have transcended their…

5 days ago