ADEBAYO V. THE REPUBLIC

• Pages: 245-247

ADEBAYO V. THE REPUBLIC

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be in favour of the plaintiff/appellant assessed at 8 guineas and 20 guineas re-

spectively.

Appeal allowed.

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ADEBAYO V. THE REPUBLIC

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JOSEPH ADEBAYO

V

THE REPUBLIC

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SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

17th November, 1967.

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APPELLANT

RESPONDENT

SUIT NO. SC 237/1967

Criminal Law & Procedure - Murder - Improper Direction to jury - Failure to

put accused's defence properly to the jury - Effect.

ISSUES:

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1.

What is the effect of a trial judge's failure to properly direct the jury and to

properly put the accused's defence to the jury, in his summing up?

2.

Whether the fact that there existed a possible witness who was not called at the

trial is without more a ground for quashing a conviction.

FACTS:

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The appellant was convicted of murder in the Lagos High Court. It was not in

dispute that the appellant inflicted stab wounds on the neck of the deceased which

caused him to fall and die on the spot. In his statement to the police, the appellant

stated that those who accompanied the deceased went to look for sticks with which

to attack him, and both in his statement to the police and in his evidence at the trial,

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he stated that the deceased and others wanted to steal some money from him. He

claimed that the deceased was throwing sand in his face and that he then stabbed

him.

In his summing up to the jury the trial judge said:-

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"Whatever the position however. I am bound to direct you that on the facts of

this case the charge of murder has been proved and "I must however direct

you that as far as the evidence is concerned, the only verdict that you can re-

turn is guilty of murder."

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It was argued on appeal on behalf of the accused that the summing up was bad

and that the appellant's defence had not been properly put to the jury in that the

trial judge did not point out to them that both in the statement the accused made

to the police and in his evidence at the trial, he stated that the deceased threw sand

in his face.

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At the hearing of the appeal, an application was made to call one Mr. Arno

Maneck as an additional witness. Mr. Maneck had stated that he informed the police

that he had witnessed the incident but had never heard anything further in regard

to the matter till he read of the appellant's conviction in the press.