STATE V. EMINE & ORS.

• Pages: 71-83

STATE V. EMINE & ORS.

71

STATE V. EMINE & ORS.

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THE STATE

V.

1.

IDAPU EMINE

2.

MESSAH ORUPINJIYE

3.

DAWARI BROWN

4.

STANDFAST BETEBOYE

5.

EZEKIEL OROBIO

6.

LLOYD TOBIN

7.

HAMILTON JOSEPH

APPELLANT

RESPONDENTS

APPEAL No. SC. 248/1992.

SUPREME COURT OF NIGERIA

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KAWU,

J.S.C.

WALT,

J.S.C.

KUTIGI,

J.S.C.

OGWUEGBU,

J.S.C.

MOHAMMED,

J.S.C.

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25th September, 1992.

Criminal Law - Murder - Doubt as to guilt of accused - Onus of proof - On whom lies

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Murder - Degree of proof required.

Evidence - Contradictions in evidence of prosecution - How it may be treated -

Inconsistencies in evidence of witness - Duty of judge in relation thereto - What is -

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Evidence of a single witness - Weight to be attached thereon.

Practice and Procedure - Findings of fact of trial court - When Appellate Court may

interfere.

ISSUES:

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1.

How may contradictions in the evidence of the prosecution be treated?

2. Whether an appellate court can interfere in the finding of fact of a trial court?

FACTS:

The accused persons were arraigned before the High Court of Degema in

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Degema Judicial Division, Rivers State, charged with MURDER contrary to section

319(1) of the Criminal Code of Eastern Nigeria 1963 as adopted in the Rivers State.

The accused persons pleaded not guilty and a plea to that effect was entered

in respect of each accused person and the trial proceeded. At the end of the

evidence adduced by both the prosecution and the defence, and addresses by

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counsel, the learned trial Judge

Olukole, J.,

in a judgment of 67 pages found that

the prosecution had proved its case against the accused persons and convicted

them as charged.