IGBO V. THE STATE

• Pages: 415-419

415

NIGERIAN SUPREME COURT CASES

[1975] N.S.C.C.

of those facts in a manner which those facts cannot and do not in themselves

support."

(Italics ours)

As we have spotlighted above, the learned trial judge, in the case in hand, has

not only drawn wrong conclusions from accepted facts, he has also glaringly ap-

5

proached the determination of those facts in a manner which is clearly against the

weight of the evidence adduced before him.

It is our view, therefore, that, on the totality of the evidence adduced before

him, the learned trial judge should have dismissed the plaintiff/respondent's claim.

The onus is on the plaintiff/respondent to prove his case. Having failed dismally

10

in his effort to do this, the learned trial judge should not have relied on the weak-

ness of the defendant/appellant's case to bail him out, albeit unsuccessfully. We

accordingly allow the appeal and set aside the judgment of the learned trial judge

(Adeoba, J.), including the order made by him as to costs, in

su

e

t

LD/796/7

Instead, we order that the plaintiff's claim be dismissed and that this shall be the

15

judgment of the court. We also order that the plaintiff shall pay to the defendant

the costs of these proceedings fixed in this court at N155 and in the court below

at N140.

Appeal allowed.

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I

GBO V. THE STATE

25

ANTHONY IGBO

V

THE STATE

APPELLANT

RESPONDENT

SUIT NO. SC 394/1974

30

SUPREME COURT OF NIGERIA

SOWEMIMO,

NASIR,

J.S.C.

OBASEKI,

Ag. J.S.C.

28th November, 1975

Criminal Law - Murder - Burden of proof - Complaint of assault before complaint

of murder - Propriety of convicting on evidence of only one eye-witness.

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ISSUES:

1.

Whether a former complaint of an assault can constitute a bar to a subsequent

charge of murder.

2.

Whether it is necessary for the prosecution to call a host of witnesses in order

to discharge the onus of proof laid upon it.

3.

Whether there is a rule of law or practice making it impossible to convict on the

45

evidence of a single eye witness in a case where there is no suggestion that the

witness is an accomplice.

FACTS:

The appellant was charged with murder under Section 319(1) Criminal Code

Law chapter 30 Vol. II Laws of Eastern Nigeria, 1963. At his trial before Umezin-

50

wa J., only one eye-witness of the assault on the deceased testified. The deceased

did not die at the scene of crime immediately after the assault. Immediately after

the assault a complaint of assault was lodged with the Police. But when the de-

ceased died two days later the appellant was charged with murder.

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