ISA V. THE QUEEN

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304

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

(1959) 4 F.S.C. 64 at p. 65. The 4th additional ground of appeal must, therefore

fail.

None of the original grounds of appeal put up by the appellant himself was ar-

gued before us or could be argued at all.

The appeal must, therefore, be dismissed.

Appeal dismissed.

IS V. THE QUEEN.

5

10

ABDULLAHI ISA

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APPELLANT

V

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THE QUEEN

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RESPONDENT

SUIT NO. FSC 101/1961

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

UNSWORTH,

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F.J.

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BAIRAMIAN,

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F.J.

29th November, 1961.

Criminal Law - Murder - Finding of Trial Judge not supported by the evidence

- Degree of certainty required before conviction on a criminal charge - Appeal

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- When finding of Trial Judge will be disregarded on Appeal.

ISSUE:

1. When will the appeal court disregard the finding of a trial court in a criminal

trial?

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FACTS:

Supporters of two rival political parties were involved in a disturbance. Dur-

ing the melee some men were stabbed. It was alleged that the Appellant went up

to the deceased and stabbed him with a knife inflicting injuries which caused death.

The appellant was charged with murder.

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The Appellant in his evidence denied that he was the person who stabbed the

deceased.

In his judgment, the Trial Judge stated that he accepted the evidence of three

of the eye-witnesses to the killing; rejected the Appellant's evidence, and found

that the Appellant stabbed and killed the deceased. He convicted the appellant

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and sentenced him to death.

The record of the trial showed that the evidence of those witnesses accepted

by the Trial Judge contained irreconcilable contradictions as to the Appellant's

identity as the killer; and, in that regard, such evidence was not clear or without

doubt.

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The Appellant appealed to the Federal Supreme Court.

HELD:

An appellate court will disregard the finding of a Trial Court when the evidence

in support of that finding does not show that degree of certainty which should be

the criterion in a Criminal trial. In this case there was room for doubt whether it

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was the appellant who stabbed the deceased.

[As to

proof of Murder,

see 11 HALSBURY'S LAWS 4th Edition 613 Para 1152.]