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CRIMINAL MATTERS

EVIDENCE

By CRIMINAL MATTERS, ENo Comments

Medical evidence in rape cases is not sine qua non for the conviction an accused person. Even in murder or homicide cases, the tendering or calling of medical evidence is not compulsory. What is required is for the prosecution to prove the guilt of the accused person beyond reasonable doubt through eyewitness testimony, confessional statement and/or circumstantial evidence. As long as that is done, the accused person cannot complain because it does not lie in the accused person’s mouth to dictate to the prosecution how to conduct its case.

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September 25, 2025
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CRIMINAL PROCEDURE

By C, CRIMINAL MATTERSNo Comments

Section 270(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) states that there shall be a High Court for each State of the Federation. The Constitution only created one High Court for each State of the Federation. While the High Courts of different States are divided into judicial divisions, that is only for easy dispatch of business and administrative convenience. The jurisdiction of the High Court of a State, including Jigawa State remains one and unbroken.

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September 25, 2025
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CRIME

By C, CRIMINAL MATTERSNo Comments

Mens rea is a necessary ingredient of an offence. Mens   rea is the criminal intent or guilty mind of the accused. Mens rea entails that there must be a meeting of the mind and the act of the offender for the offence to be complete. Given that there is no way humanly possible to ascertain with mathematical accuracy the devices of a man’s heart, the intentions can be discerned from the actions of the offender and other circumstantial evidence. In this case, the actions of the appellant showed his guilty intention. [Njoku v. State (2013) 2 NWLR (Pt.1339) 548 referred to.] (Pp. 549-550, paras. D-D).

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September 25, 2025
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CORROBORATION

By C, CRIMINAL MATTERSNo Comments

Corroboration means evidence tendering to confirm, support and strengthen other evidence sought to be corroborated. Corroboration need not consist of direct evidence that the accused person committed the offence or need not amount to a confirmation of the whole account given by the witness, provided that it corroborates the evidence in some respects material to the charge. It does not have to be direct evidence of the commission of the crime by the accused.

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September 25, 2025
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CONFESSIONAL STATEMENT

By C, CRIMINAL MATTERSNo Comments

SAMAILA V. STATE [2024] 2 NWLR (PT. 1923) 465

ON TREATMENT OF EVIDENCE OF A WITNESS WHICH CONTRADICTS HIS EXTRA-JUDICIAL STATEMENT

Where a witness’ statement to the Police contradicts his evidence in court, the court should regard him as an unreliable witness and discountenance his testimony in court. [Berende v. F.R.N. (2023) 4 NWLR (Pt.1875) 423 referred to.] (Pp. 486-487, paras. H-A).

SAMAILA V. STATE [2024] 2 NWLR (PT. 1923) 465

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September 25, 2025
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CHARGE

By C, CRIMINAL MATTERSNo Comments

The primary purpose of a charge is to give an accused person good, sufficient and clear notice of the case against him. [Olatun bosun v. State (2013)17 NWLR (Pt. 1382) 167; Idi v. State (2019) 15NWLR (Pt.1696) 448 referred to.] (P. 323, para. F).

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September 25, 2025
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ARMED ROBBERY

By A, CRIMINAL MATTERSNo Comments

It is immaterial whether the weapon used for the commission of armed robbery is fake or not. What is material is the feeling of fear that the victim had at seeing the “weapon”. It is the intention of the user, and the manner of its usage to threaten, and the feeling of being threatened by the victim, that make the weapon an “arm” and changes the offence from simple stealing to “armed robbery”.

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September 25, 2025
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APPEALS

By A, CRIMINAL MATTERSNo Comments

The issues for determination in a brief of argument though necessarily based on the grounds of appeal are considered to have displaced the grounds of appeal. Hence, the argument in the brief follows the issues for determination and not the grounds of appeal directly. The issues may comprise the substance of the grounds of appeal or may contain less but cannot contain more than what have been alleged by the grounds of appeal.

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September 25, 2025
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ALLOCOTUS

By A, CRIMINAL MATTERSNo Comments

An allocutus is not a defence for the accused person, neither is it necessary on a trial court to invoke it. Allocutus is not a right in law or a fundamental right under the Nigerian law of fair hearing. It is only desirable in consideration of factors that may influence the mitigation of heavy punishment to a lighter one. Thus, the failure of the trial court to avail the appellant such an opportunity is not sufficient ground to overturn the trial court’s decision. In this case, the failure of the trial court to call for allocutus does not vitiate the sentence passed on the appellant. [Edwin v. State (2019) 7NWLR (Pt. 1672) 553; Ogbeide v. C.O.P. (1964) 2All NLR 176; State v. Babangida (2013) 12 NWLR (Pt. 1754) 397; Oloyede v. State (2018) 8 NWLR (Pt.1621) 311 referred to.] (Pp. 542-543, paras. E-A).

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September 25, 2025
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