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Citation
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Judgment date
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| January 2007 |
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31 January 2007 |
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Insufficient and unreliable identification and forensic evidence left reasonable doubt, so conviction and death sentence were quashed.
Criminal law – murder – visual identification at night – Waziri Aman test – circumstantial evidence – post-mortem (PF3) deficiencies – multiple assailants – reasonable doubt.
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31 January 2007 |
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Victim’s domestic lighting identification and possession of stolen clock upheld, convictions for armed robbery affirmed.
Criminal law – Armed robbery – Identification evidence at night where complainant switched on domestic lights and knew one accused – Recent possession of stolen property as corroborative evidence – Appeal dismissed.
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31 January 2007 |
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Applicant’s extension application can proceed without annexing the High Court refusal; preliminary objections raising vagueness were dismissed.
Civil procedure – extension of time to file notice of appeal – Rules 8 and 46(1) of Court of Appeal Rules – no mandatory requirement to annex High Court order refusing extension; preliminary objections must raise pure points of law; vagueness and merits are for hearing on the merits.
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9 January 2007 |
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Review application dismissed where applicants re‑argued appeal and failed to show recognised grounds for review.
Criminal law – review of Court of Appeal judgment – application must allege grounds recognised by Court of Appeal Rules (manifest error, denial of hearing, nullity, lack of jurisdiction, fraud) – review not a substitute for a second appeal. Identification evidence – familiarity, favourable lighting and multiple witness corroboration can render identification watertight. Time‑bar – limitation runs from date of delivery of judgment
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1 January 2007 |
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Taxing officer properly applied application-costs rule; award not manifestly inadequate, reference dismissed with costs.
Civil procedure – Taxation of costs – Application costs – Paragraph 9(1) Third Schedule Court of Appeal Rules 1979 applies to applications; instruction fees for applications are not based on value of claim
Taxation – appellate interference – Court will only upset taxation if award is so high or so low as to amount to an injustice
Costs – no general rule that appellate costs must exceed High Court costs; each matter decided on its merits
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1 January 2007 |
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Appellant’s murder conviction and death sentence upheld despite one impeached witness because other credible evidence and admissions proved guilt.
Criminal law – murder – credibility of witness impeached by inconsistent prior statement – such inconsistencies destroy credibility unless satisfactorily explained; effect of impeachment on prosecution case – sufficiency of other evidence; defence of mutual fight – when regarded as afterthought and rightly rejected; appellate review of trial court’s credibility findings.
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1 January 2007 |
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Monthly payment and a written assignment established employment; respondent was terminated and entitled to wage arrears.
Employment law – status of worker – statutory definitions of 'employee', 'employer' and 'contract of service' under Employment Act (Cap. 366). Employment law – casual worker vs monthly employee – monthly payment and written assignment indicate contract of service
Evidence – concurrent factual findings on termination/abandonment – second appellate court will not lightly disturb such findings
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1 January 2007 |
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1 January 2007 |
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Conviction quashed because the charge failed to allege the essential statutory elements of SOSPA-defined attempted rape.
Criminal law – Attempted rape – SOSPA s132(1)–(2) – statutory definition requires intent and specified factual circumstances (e.g. threatening) which must be alleged in particulars of offence. Criminal procedure – Defective charge – failure to disclose essential elements fatal and not curable. Criminal procedure – Non-compliance with ss192 and 240(3) – curable where no prejudice shown
Evidence – Identification – considered but charge defect dispositive
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1 January 2007 |
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Denial of opportunity to cross-examine prosecution witnesses vitiated the trial; conviction and appeal quashed and no retrial ordered.
Criminal procedure — Right to confront and question prosecution witnesses — s.229 Criminal Procedure Act; Evidence Act s.147 — Improper re-examination and introduction of new matters; procedural irregularity rendering trial a nullity; quashing of subsequent appeal proceedings; retrial refused where prosecution evidence weak and accused served lengthy sentence.
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1 January 2007 |
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Daylight identification by known witnesses and corroboration sustain a rape conviction; non-calling of non-eyewitness is immaterial.
Criminal law – Rape – identification in daylight by known witnesses; corroboration by independent eyewitness; PF3/medical evidence; non-calling of non-eyewitness not fatal; compliance with s.312(2) CPA; sketch map not always required; concurrent findings of lower courts respected.
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1 January 2007 |
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Conviction for attempted armed robbery unsafe where identification evidence is weak, contradictory and no identification parade was held.
Criminal law – Attempted armed robbery – proof of essential ingredients (attempted stealing and threat to shoot) – Visual/dock identification – reliability and need for identification parade where accused are strangers – inconsistencies and implausibilities in prosecution narrative undermining conviction.
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1 January 2007 |
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Whether an appellate court may substitute a conviction to gang rape and increase sentence absent charge and adequate corroboration.
Criminal law – Rape – sufficiency and corroboration of complainant's evidence; appellate substitution of conviction from rape to gang rape where appellants were not charged with gang rape; duplicitous/duplex charges and prejudice to accused; sentencing — imposition of heavier penalty without calling accused to mitigate.
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1 January 2007 |
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1 January 2007 |
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Intoxication or a fight can negate malice aforethought, allowing substitution of manslaughter for murder.
Criminal law — murder v manslaughter; malice aforethought — requirement and proof; intoxication as negating intent; killing in the course of a fight — reduction to manslaughter; assessors’ directions on possible defences.
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1 January 2007 |
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1 January 2007 |
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Reference under Rule 57(1)(b) need not include an embodying order; incompetent proceedings must be struck out, not dismissed.
Court of Appeal — Reference under Rule 57(1)(b) — No requirement to annex an order embodying a single judge’s decision — Mis-citation of rules not fatal — Preliminary objections on extraneous grounds are matters for merit — Incompetent proceedings should be struck out, not dismissed
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1 January 2007 |
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Appellant’s conviction for armed robbery upheld on recent possession and credible identification despite exclusion of an involuntary confession.
Criminal Law – armed robbery – identification and recent possession; alibi notice requirement (s.194 CPA); involuntary confession – threats and admissibility (s.27(3) Evidence Act); relatives as witnesses; proof of ownership not always requiring serial numbers/receipts.
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1 January 2007 |