COMMISSIONER OF POLICE V. OKOYEN

• Pages: 217-219

COMMISSIONER OF POLICE V. OKOYEN

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Another item is the failure of the appellant's defence of alibi. He said he was

sleeping in his bed in the night of the 11th, but his room-mate testified that he was

away.

In addition one of the robbers wore a mask, and the theory is that it must have

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been the appellant, who wished to avoid being recognised by Famuyiwa, to whom

he was well known.

The learned Judge regarded the circumstantial evidence coupled with the evi-

dence of his identification by Famuyiwa and Shehu as overwhelming, and found

the appellant guilty.

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Mrs Husain, who argued the appeal, submits (among other things) that what

was regarded as corroborative evidence was not such: it did not implicate the ap-

pellant in the commission of the offence. Mallam Buba, the learned Solicitor-

General (N.R.), agrees that taken alone none of those items is corroborative, but

submits that taken together they do amount to corroboration.

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The Court with respect finds it hard to follow Mallam Buba's submission: if not

one of the items of evidence implicates the appellant in the commission of the of-

fence, the court cannot see how, when they are united, they can implicate him.

Each may raise suspicion; united, they may make that suspicion very strong: but

their union cannot give them a quality-the quality of being corroborative evidence

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in the true sense-which none of them has_

The learned trial Judge was not willing to convict on the evidence of identifica-

tion; he wanted to see whether there was corroboration-whether there was evi-

dence of some material particular implicating the appellant in the commission of

the offence. What he regarded as corroborative evidence was not such; we infer

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that if he had not made that mistake, he would not have convicted the appellant.

We think he misdirected himself, and would allow the appeal.

Order: the appeal of Ben Okafor against conviction in the Kano High Court case

No. K/17C/1963 on November 1963 is allowed; his conviction and sentence are

set aside; a verdict of acquittal shall be entered; the money (exhibit 32 and exhibit

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37) seized from him (in all £83-3s-3d) shall be refunded to him.

Appeal allowed.

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COMMISSIONER OF POLICE V. OKOYEN

COMMISSIONER OF POLICE

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V

CHRISTIAN OKOYEN

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

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ONYEAMA,

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J.S.C.

AJEGBO,

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J.S.C.

9th October, 1964.

APPELLANT

RESPONDENT

SUIT NO. SC 326/1964

Legislation - Federal - Criminal Procedure Ordinance, s.166, s.168 - Western

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Nigeria - Criminal Code, s.277,

Appeals in Criminal Cases - No substantial miscarriage of justice.

Criminal Law - Charge defective in particulars - Conviction.