SHITTU V. THE STATE
| Pages | 195-199 |
SHITTU V. THE STATE
195
SHITTU V. THE STATE
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ALABI SHITTU
V
10 THE STATE
SUPREME COURT OF NIGERM
LEWIS,
J.S.C.
MADARIKAN,
J.S.C.
15 FATAI-VVILLIAMS, J.S.C.
22nd May, 1970
APPELLANT
RESPONDENT
SUIT NO. SC 227/1969
Oinzinal Law and Procedure - Homicide - Murder - SUMMing up - Undesirable
for trial Judge to express his views on the evidence too freely - Summing
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up
- Judge describing evidence of accused as "very flinty" - Whether
objectionable in the context of his full summing up.
ISSUE:
1. Whether a trial Judge is entitled to express his personal views on evidence to
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the jury in his summing up.
FACTS:
A jury found the accused guilty of murder and the judge sentenced him to death.
He appealed to this court on the ground that the Judge erred by describing as
"very flimsy" his defence of self- defence. Counsel for accused submitted that by
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this direction the trial Judge did not leave the facts of the case to the decision of
the jury.
HELD:
1.
It is undesirable for a trial Judge when summing up to express his views on the
evidence too freely, yet if he nonetheless does comment then he ought to warn
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the jury that they are not bound to accept his views but provided that he does
not in fact overawe the jury and leaves the issues properly to them to decide
he may do so.
2.
In this case the sole comment of the trial Judge that the evidence was "very
flimsy" could not be said to have overawed the jury to such an extent that they
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must have accepted his view and he did leave the issue to be determined by
the jury. His comment was not objectionable when looked at in the context of
his full summing up on the issue of self defence.
3.
Although there was a technical error in his summing up in referring to the denied
confession as the evidence of the accused, nonetheless, there was no possible
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miscarriage of justice.
[As to
summing up by Judge,
see 11 HALSBURY'S LAWS 4th Edition 174 Para.
299]
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CASES REFERRED TO IN JUDGMENT:
1.
R.
v.
Frampton
(1947) 12 Cr, App. R. 202.
2.
Abioro v. The State S.C.
169/1969 of 13th March, 1970.
3.
Queen v. Nile
(1961) All N.L.R. 462.
4.
R.
v.
Phillip Kanu and Ana'
14 W.A.C.A. 30.
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