ONAH V. THE STATE

• Pages: 1361-1371

ONAH V. THE STATE

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1361

ces placed before him, was he in doubt as to the guilt of the appellant? The Judge

himself answered that question at p.20 lines 5-10 thus:-

'The accused's confessional statement was voluntary and sufficiently direct and

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positive, and coupled with other circumstantial evidence which I have accepted,

I am satisfied

that the death of the deceased Obodo Nwojiji was caused by the

voluntary act of the accused".

And at p.24, lines 8 to 10, the learned Judge concluded:-

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'This is a brutal case of murder. I cannot find any justification in law for the de-

liberate killing. I find the accused guilty of murder as charged".

On Question No.3, I can only observe that

to be satisfied and at the same time

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to have a reasonable doubt

is not only a contradiction in terms but also, it seems

to me that, that is an impossible state of mind. The learned trial Judge was satis-

fied and rightly too. He had no doubts at all.

In conclusion, I will say that I am also satisfied that the courts below were both

right in convicting the appellant of murder. It was for the above reasons and for

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the fuller reasons in the leading reasons for judgment of my learned brother, Ka-

zeem, J.S.C., which I now adopt as mine, that I dismissed this appeal on the 9th

day of September, 1985.

Appeal dismissed.

ONAH V. THE STATE

OGWA NWEKE ONAH

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APPELLANT

V

THE STATE

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RESPONDENT

SUIT NO. SC 164/1984

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SUPREME COURT OF NIGERIA

OBASEKI,

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J.S.C.

ANIAGOLU,

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J.S.C.

UWAIS,

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J.S.C.

KAZEEM,

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J.S.C.

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OPUTA,

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J.S.C.

6th December, 1985

Criminal Law and Procedure - Murder - Whether inference of guilt rightly

drawn - Prosecutions case denied by accused - Failure of police to send

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exhibits for analysis - Failure of prosecution to call vital witnesses - Totality

of evidence insufficient to prove nexus between accused and death of the

deceased - Question of insane delusion.

ISSUES:

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1. Whether it is proper for a trial court to convict an accused person for murder

by circumstantial evidence where the prosecution failed to establish any nexus

between the death of the deceased and any act or omission of the accused.

2. What is the effect of failure by the prosecution to call a vital witness?

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