JUWA V. THE STATE

• Pages: 254-258

254

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

and that put this issue beyond argument. All the learned trial Judge said was that

the 2nd P.W. confirmed the story of the 3rd P.W. which whilst true is not all that he

said apart from "She told me she was dying".

We have dealt extensively with this issue as in our view it is of considerable im-

portance that

Okokor's

case should not be misunderstood in the future, but we

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5

must add that even if we had accepted Mr. Cole's submissions in this regard the

result of the appeal would not in our view have been different as the learned trial

Judge gave careful consideration to a confessional statement the accused made

and accepted it as being made voluntarily to sustain the conviction when the

learned trial Judge had dealt with the confession so thoroughly.

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In the result therefore both grounds of appeal fail and the appeal is dismissed.

Appeal dismissed.

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JUWA V. THE STATE

AUDU TANKO JUWA

V

THE STATE

APPELLANT

RESPONDENT

SUIT NO. SC 270/1968

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SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

27th June, 1969.

Evidence - Refusal by Judge to recall medical witness to testify as to mental

condition of accused - Wrong under S.237 and 193 (2) C.P.C. - Medical

report of Government Doctor admissible under S.250 if not under S.249(3)(a)

.P.C. - 5.126 (2) C.P.C. must be complied with in circumstances of S. 126

(

1

)-

ISSUES:

1.

Whether the refusal of a trial Judge to allow an accused to recall a witness who

made various statements for cross-examination, amounts to a miscarriage of

justice.

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2.

Is the time.at which an application is made to recall a witness relevant?

FACTS:

The accused was convicted of culpable homicide punishable with death. Dur-

ing his trial he sought to have the 1st prosecution witness re-called so as to aid his

defence of insanity. The trial Judge refused to grant the request and convicted

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him on the facts. The accused appealed to the Supreme Court.

HELD:

1.

It is desirable that when a request is made by an accused person for the maker

of a statement to be called as a witness such application should not be lightly

refused. A person standing trial is entitled to defend himself and to avail himself

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of all facilities provided by the law. Section 249(3)(c) of one Criminal Procedure

Code gives such a person the right to have the maker of a report received in

evidence by virtue of this section, attend and give evidence in person in the

court where the accused person will at least have the opportunity of

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