ANKWA V. THE STATE

• Pages: 104-108

104

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

The appeal therefore succeeds and the judgment of the Lagos High Court in

Suit No. LED/471/1964 is hereby set aside save that the award of 50 guineas costs

to the claimants shall remain.

It is hereby ordered that:-

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(1)

The case be sent back to the Lagos High Court for hearing de novo before

another Judge;

(2)

The parties be at liberty, if they be so advised, to amend their pleadings.

Appeal allowed. Case remitted to

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High Court for rehearing before

another Judge.

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ANKWA V. THE STATE

ABU ANKWA

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APPELLANT

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V

THE STATE

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RESPONDENT

SUIT NO. SC 304/1968

SUPREME COURT OF NIGERIA

COKER,

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Ag. C.J.N.

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25

LEWIS,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

28th March, 1969.

Criminal Law - Culpable Homicide Punishable with Death - Confusion of date

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of offence not dealt with by trial Judge - Condition for retrial in Abodunde

4 F.S.C. 70 not satisfied.

ISSUES:

1.

Whether a person can be convicted of a criminal offence where there is

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confusion as to the date when the offence was committed.

2.

Where there are discrepancies in the evidence of prosecution witnesses in

whose favour are these discrepancies resolved.

FACTS:

The accused was convicted of unlawfully killing a person and was sentenced

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to death. During the trial two different dates were given as the date of the offence.

He was still convicted. He appealed.

HELD:

1.

The evidence before the court was clearly utterly confused as to the date of the

incident, and as the trial Judge did not advert in his judgment in any way to the

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discrepancies in the evidence of the prosecution witnesses as to the date of

commission of the alleged offence, the evidence before the court ought to have

left the court in some serious doubt as to the proof of the commission of the

crime as charged.

2.

It is a fundamental principle of criminal law that such a doubt must be resolved

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in favour of the accused and there is no reason to depart from that age-long

principle in this case.