LAMU V. THE STATE

• Pages: 97-99

LAMU V. THE STATE



97

25 guineas. As we indicated in another appeal, SC.42

6

/

6

5 when a successful ap-

pellant, as here, is awarded his costs in the High Court it automatically follows that

if he has paid general costs awarded against him there then these must be re-

funded.

Appeal allowed: Attachment set

aside.

LAMU V. THE STATE

APPELLANT

RESPONDENT

SUIT NO. SC 748/1966

5

10

USENI LAMU

15



V.

THE STATE

SUPREME COURT OF NIGERIA

BRETT,



J.S.C.

20



AJEGBO,



J.S.C.

LEWIS,



J.S.C.

17th March, 1967

Criminal Law - Culpable homicide punishable with death

25

Evidence - Competence of appellant's wife as witness for prosecution - onus

on prosecution - No presumption from oath taken or religious belief -

Defendant alleging amnesia - Need for express finding thereon

30

Criminal Appeals - to the Supreme Court - Evidence wrongly admitted; miscarriage

of justice - Evidence Act s.226(1); Supreme Court Act, 1960 s.26(1), proviso

- Northern Nigeria Evidence Law s.160(1).

ISSUES:

35



1. Whether there is an onus on the prosecution to prove that the spouse of an

accused person is a competent witness where the section under which the

accused is charged does not come within s.160(1) of the Evidence Law (N.N.).

2. Whether there should always be an express finding on an allegation of amnesia.

FACTS:

40



The appellant was convicted of culpable homicide punishable with death the

main prosecution evidence being that of two eye- witnesses one of whom was the

appellant's wife who was a pagan and was sworn on a knife. The prosecution did

not lead evidence to show that their marriage was non-monogamous.

The section under which the appellant was charged did not come within

45



s.160(1) of the Evidence Law.

In his judgment the trial Judge noted that the evidence of the two eye-witnesses

was consistent. Though there was a difference on one point, he preferred the evi-

dence of the appellants' wife and went on to hold that he did not doubt that the

other witness' evidence was true in essentials. He described the appellant's wife's

50



evidence as useful corroboration of the other witness's evidence on another point.

The learned trial Judge rejected the appellant's plea of insanity but though he

believed that the appellant was subject to fits of partial amnesia he made no clear

finding on whether he was suffering from amnesia about the time of the killing.

Two issues were raised at the appeal on the appellant's behalf:-