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Citation
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Judgment date
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| March 2026 |
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Conviction quashed due to material inconsistencies, unreliable medical evidence, and failure to prove guilt beyond reasonable doubt.
Criminal law — sexual offences — reliance on victim's testimony — credibility and probative value; medical evidence — discrepancies in cause and timing; delay in reporting; failure to call material witnesses; need for scientific linkage of venereal disease to accused.
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13 March 2026 |
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The applicants' convictions were quashed due to unsafe visual identification, broken chain of custody, and uncorroborated confessions.
Criminal law — visual identification — safety of identification evidence; Evidence — chain of custody — identification of suspected stolen property; Evidence — cautioned/confessional statements — requirement of independent corroboration; Doctrine of recent/constructive possession — reliance on properly identified exhibits; Proof beyond reasonable doubt.
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13 March 2026 |
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Convictions quashed where unreliable confessions, wrongly admitted exhibit, and uncorroborated/improbable testimony created reasonable doubt.
Evidence — admissibility of documents not listed at committal; misnomer versus mistaken identity; voluntariness, credibility and probity of oral confessions; circumstantial evidence — requirement of an unbroken chain; adverse inference for failure to call material witnesses.
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13 March 2026 |
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Conviction quashed where confessions and key testimony were inadmissible and remaining evidence was insufficient.
Criminal law - murder - proof beyond reasonable doubt; confession - cautioned statement and oral confession inadmissible if involuntary; extra-judicial statements - compliance with Chief Justice's Circular required; witness affirmation - section 212 CPA; insufficiency of circumstantial evidence.
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9 March 2026 |
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Conviction quashed where material witness contradictions and a defective cautioned statement undermined proof beyond reasonable doubt.
Criminal law — proof beyond reasonable doubt — material contradictions in prosecution evidence — inadmissible/defective cautioned statement — failure to produce documentary admission — conviction unsafe.
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9 March 2026 |
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A guilty plea disputed by the accused must be vacated; failure vitiates proceedings and warrants quashing.
Criminal procedure – Plea of guilty – Section 245(2) CPA – Accused disputes material facts – duty to vacate plea and record not guilty – failure vitiates proceedings – revisional jurisdiction section 6(2) AJA – quashing conviction and remitting for fresh plea.
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9 March 2026 |
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Conviction quashed where identity of victim, chain of custody and material witness evidence were not established.
Criminal law – murder – circumstantial evidence – proof beyond reasonable doubt – identity of deceased – chain of custody of exhibits – failure to call material witness – adverse inference – reliability of cautioned statement.
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9 March 2026 |
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Variance in victim's name during trial caused miscarriage of justice; conviction quashed and retrial ordered.
Criminal law – Sexual offences – Protection of victim identity – section 192(3) CPA and Chief Justice's Circular No.2 of 2018 – Use of pseudonyms – Procedural irregularity and confusion over victim's name – Miscarriage of justice – Revision under s.6(2) AJA – Retrial ordered.
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9 March 2026 |
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Convictions nullified where trial and sentencing proceeded without statutorily required medical proof of appellants' ages.
Criminal procedure — Determination of accused's age — Law of the Child Act ss.114–115 — requirement for medical evidence — failure to obtain/report medical certificate — fair trial infringement — miscarriage of justice — AJA s.6(2) revision, nullification and retrial.
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9 March 2026 |
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Conviction for arson unsafe due to material contradictions, unreliable identification, unexplained arrest delay, and omission to call material witnesses.
Criminal law – arson – whether prosecution proved case beyond reasonable doubt – contradictions in eyewitness evidence – identification/recognition – prompt naming – unexplained delay in arrest – failure to call material witnesses – adverse inference.
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9 March 2026 |
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Proceedings nullified for lack of transfer order and defective DPP consent; conviction quashed and appellant released.
Jurisdiction – absence of transfer order to SRM with Extended Jurisdiction; DPP's consent under EOCCA – defective consent vitiates trial jurisdiction; retrial discretionary where evidentiary gap renders retrial a miscarriage of justice; conviction quashed and appellant released.
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9 March 2026 |
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Failure to properly appoint and swear an interpreter for a witness who does not understand the court language vitiated the trial; retrial ordered.
Interpreter requirement – section 227 CPA – duty of trial court to provide and properly swear interpreter – failure to record/swear interpreter to interpret between court language(s) and witness’s native language – inadmissibility of interpreted evidence – fatal irregularity – retrial ordered under section 6(2) AJA.
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9 March 2026 |
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Convictions quashed and release ordered because the amended charge was missing from the record, rendering the trial unfair.
Criminal procedure — Amended/substituted charge missing from record of appeal — Right to be informed of charge — Fair trial — Conviction unsafe — Trial rendered nullity — No retrial ordered — Court’s revisional powers under s.6(2) Appellate Jurisdiction Act — Quash convictions and order release.
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9 March 2026 |
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Altered and unsubstituted charge sheet without formal amendment rendered trial a nullity, leading to quashing of conviction.
Criminal procedure — Amendment or substitution of charge — Requirement for formal endorsement and admission — Defective charge invalidating trial — Material inconsistency in date of offence — Section 251(1) Criminal Procedure Act — Revisionary powers under section 6(2) Appellate Jurisdiction Act — Nullity of proceedings.
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9 March 2026 |
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A material variance between the charge particulars and evidence requires amendment; failure to amend mandates acquittal.
Criminal law - armed robbery - material variance between charge particulars (date) and prosecution evidence - requirement to amend charge under section 251(1) CPA - failure to amend renders charge unproved and warrants acquittal.
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5 March 2026 |
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High Court cannot re-compose a quashed trial judgment; remittal for fresh judgment is required, conviction set aside.
Criminal procedure – Appeal by DPP under section 404 CPA – Power to re-evaluate evidence and reverse acquittal; limits where trial judgment has been quashed; remittal for fresh judgment – nullity of appellate re-composition of trial judgment.
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5 March 2026 |
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Omission of material witnesses and conflicting testimony left the perpetrator's identity unproven, prompting quashing of the rape conviction.
Evidence — PF3 properly admitted; Evidence Act s.152 — no fixed number of witnesses but adverse inference when material witnesses omitted; Sexual offences — penetration and age proved but identity not established beyond reasonable doubt; Second appeal — interference warranted where lower courts misapprehend evidence.
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5 March 2026 |
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Conviction based on incomplete circumstantial chain, defective seizure procedure, and non-production of material witnesses was unsafe.
Criminal law – circumstantial evidence – last person seen with deceased – alibi may create reasonable doubt; Evidence – oral confessions – admissible but weak and require caution; Evidence of seizure – certificate of seizure and seizing officer's testimony necessary to prove chain of custody; Prosecution duty – call material witnesses or risk adverse inference.
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5 March 2026 |
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Conviction quashed where identification, material witness contradictions and improperly admitted exhibits undermined the prosecution.
Criminal law — Identification evidence — application of Waziri Amani criteria; Material contradictions in witnesses' accounts undermining credibility; Improper production of documentary exhibits (cautioned statement, PF3) — expunged; Failure to prove charge beyond reasonable doubt — conviction quashed.
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5 March 2026 |
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Excluding an out-of-time cautioned statement did not defeat conviction supported by strong, unbroken circumstantial evidence.
Criminal law — Admissibility of cautioned statements — Section 50(1)(a) CPA four-hour rule — Exclusion of out-of-time statements — Illegally obtained evidence — Circumstantial evidence — Unbroken chain — Discharge of co-accused and reasonable doubt.
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5 March 2026 |
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Warrantless night search after an informer tip and a broken chain of custody led to expungement of exhibits and quashing of convictions.
Criminal law — search and seizure — warrant requirement; night searches and court permission (s.41 CPA); informer tip negating emergency exception; chain of custody — documentation and continuity; expungement of unlawfully obtained exhibits; insufficiency of prosecution case leading to quashing of conviction.
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5 March 2026 |
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Conviction overturned where extra-judicial statement breached CJ Guidelines and nighttime visual identification was unsafe.
Criminal law — Extra-judicial statements — Chief Justice’s Guidelines — failure to record time/date of arrest fatal; Visual identification — night-time identifications, source/intensity of light, duration and description essential; Torch illumination by alleged culprits unreliable; Circumstantial evidence insufficient where it only raises suspicion.
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5 March 2026 |
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Convictions quashed: improper admission of post-mortem and material contradictions undermined proof beyond reasonable doubt.
Criminal law — Murder — Admissibility of documentary evidence — Reading exhibits before formal admission — Visual identification — Material contradictions in eyewitness testimony — Unchallenged defence evidence — Proof beyond reasonable doubt.
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5 March 2026 |
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Excluding a child witness without hearing the accused violated the right to be heard and vitiated the conviction.
Criminal law — competence of child witness — section 127(1) Evidence Act — right to be heard (Article 13(6) Constitution) — breach of natural justice vitiates proceedings — conviction quashed and retrial ordered.
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4 March 2026 |
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Failure to read substituted information and call accused to plead vitiates the trial; convictions quashed and retrial ordered.
Criminal procedure – Amendment/substitution of information – Duty to read amended information and call accused to plead under s.276(1),(2) CPA – Failure to comply vitiates proceedings – Right to fair trial – Remedy: quash conviction and remit for retrial.
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4 March 2026 |
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Conviction quashed where inconsistencies in complainant and medical evidence created reasonable doubt.
Criminal law – Sexual offences – Rape – Credibility of complainant – Inconsistencies between witness accounts and medical report – Proof beyond reasonable doubt required.
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4 March 2026 |
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Failure to deal with a court-ordered mental hospital report rendered the trial unfair; conviction quashed and matter remitted.
Criminal law — Insanity defence — Sections 219–220 Criminal Procedure Act — court-ordered mental hospital report must be admitted, parties heard and a special finding made; failure to do so vitiates trial; conviction quashed and matter remitted.
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4 March 2026 |
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A rape charge failing to allege lack of consent and citing the wrong subsection prejudices the accused and warrants quashing the conviction.
Criminal law – Rape – Consent as essential element – Correct provision s130(2)(a) where sexual intercourse occurs without consent – Defective charge citing s130(2)(b) – Particulars must allege lack of consent – Prejudice to accused – Conviction quashed.
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4 March 2026 |
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Unsworn witness testimony vitiated the trial; the appellant's conviction was quashed and retrial ordered.
Criminal procedure — mandatory oath/affirmation (s.212(1) CPA); Oaths and Judicial Proceedings Act and Rules — unsworn testimony amounts to no evidence; prejudice to prosecution and defence; right to defend (s.231 CPA); retrial ordered — revisional jurisdiction (s.6(2) AJA).
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4 March 2026 |
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Conviction based on uncorroborated dock identification and no link to arrest was unsafe; appeal allowed.
Criminal law — Armed robbery — Visual identification by single witness — Dock identification requires prior identification parade or corroboration — Need to link witness descriptions to arrests — Conviction must be proved beyond reasonable doubt.
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4 March 2026 |
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Broken chain of custody, defective seizure documentation and missing exhibits made circumstantial and forensic evidence unreliable.
Criminal law — Forensic evidence and chain of custody — Broken chain of custody and unexplained third-party sample undermine DNA report reliability; seizure certificate non‑compliance; non‑production of seized items weakens prosecution; circumstantial evidence must form an irresistible chain pointing to guilt
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4 March 2026 |
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Appeal allowed because prosecution failed to prove lawful destruction and custody of perishable exhibits against the applicant.
Criminal law – Illicit trafficking – chain of custody and destruction of perishable exhibits – compliance with section 36(1) DCEA and paragraph 25 Police General Orders – accused's right to be heard at disposal session – proof beyond reasonable doubt; forensic expert evidence and admissibility of seized items.
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3 March 2026 |
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Prosecution’s failure to call material witnesses and credibility doubts led to acquittal for alleged statutory rape.
Criminal law – Sexual offences – statutory rape: requirement to prove age, penetration and identity of perpetrator – Evidence Act s.143 and adverse inference for failure to call material witnesses – witness credibility in sexual offence prosecutions.
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3 March 2026 |
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Failure to provide an interpreter at committal and preliminary hearing violated accuseds' right to understand proceedings, nullifying subsequent trial.
Criminal procedure – Right to understand proceedings – Mandatory duty to provide interpreter under section 227(1) CPA – Committal and preliminary hearing conducted without interpreter – Prejudice and nullity – Remedy: revisional nullification, quash convictions, remit for fresh committal before another magistrate with interpreter.
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3 March 2026 |
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Conviction quashed where charge particulars were defective, cautioned statement inadmissible, and prosecution evidence unreliable.
Criminal law – Abduction charge – mismatch between statutory provision (s133) and particulars; inadmissibility of cautioned statement recorded outside statutory time limit (s50(1) Criminal Procedure Act); rape – evaluation of complainant's credibility and probability; adverse inference for failure to call material witnesses; conviction quashed for unsafe evidence
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3 March 2026 |
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Variance between charge (possession) and evidence (planting) vitiated the trial; conviction quashed and appellant released.
Criminal law – variance between charge and evidence – amendment of charge under section 234(1) CPA – planting of narcotic drugs versus possession – failure to amend vitiates trial – conviction quashed
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2 March 2026 |
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Variance between pleaded dates and evidence rendered charges defective; convictions quashed for failure to prove guilt beyond reasonable doubt.
Criminal law — Particulars of charge — Section 135 CPA — Variance between charge and evidence as to period of offence — Prejudice to accused's defence — Burden on prosecution to prove guilt beyond reasonable doubt — Conviction quashed.
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2 March 2026 |
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An unamended material variance between the charge sheet date and evidence renders the charge unproved under section 234 CPA.
Criminal law – Rape of a child – Material variance between date in charge sheet and evidence – Duty to amend charge under section 234 Criminal Procedure Act – Failure to amend renders charge unproved; acquittal and release ordered.
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2 March 2026 |
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Plea-taking procedure violated and foundational charge defective (rape vs incest); conviction quashed and immediate release ordered.
Criminal procedure – Plea of guilty – Compliance with section 245 CPA – Equivocal plea where facts read cumulatively and admission recorded in aggregate; Language comprehension and unrepresented accused; Defective charge – rape vs incest (s.158 Penal Code); Retrial not ordered where charge incurably defective and retrial would prejudice accused.
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2 March 2026 |
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Variance between charged particulars and evidence (vagina vs anal) without amendment prejudiced the accused; conviction quashed.
Criminal law – Grave sexual abuse – material variance between charge particulars and evidence (vagina vs anal) – failure to amend charge under section 234(1) Criminal Procedure Act – prejudice to accused – conviction quashed.
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2 March 2026 |
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Conviction quashed where cause of death was uncertain and post-mortem evidence was not produced, rendering circumstantial case unsafe.
Criminal law — Murder — Circumstantial evidence must be "water-tight" and point irresistibly to accused — Importance of medical evidence/post-mortem where cause of death is contested — Failure to call doctor or tender PMR undermines prosecution case — Proof beyond reasonable doubt required.
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2 March 2026 |
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Failure to inform the appellant of statutory committal rights vitiated the committal and quashed the conviction.
Criminal procedure — committal proceedings — non-compliance with s.246(3) & (4) CPA (now s.263) — accused must be addressed in statutory words and cautioned about promises/threats — responses must be recorded — failure vitiates committal and trial — conviction and sentence quashed; matter remitted for fresh committal.
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2 March 2026 |
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Proceeding before receiving court-ordered psychiatric report prejudiced the accused; proceedings nullified and remitted.
Criminal law – Insanity defence – Obligation to commit accused for psychiatric examination under s.220 CPA and await report before trial proceeds; failure prejudices fair trial; nullification and remittal ordered.
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2 March 2026 |
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Material variance between pleaded date and evidence rendered the charge defective and conviction unsafe.
Criminal law – Incest (male) – Specificity of particulars and date in charge – Material variance between charge and evidence – Duty to amend charge under section 234 CPA (now s.251) – Credibility of child witness – Defective charge fatal to conviction.
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2 March 2026 |
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Material variance between charge and evidence rendered attempted rape unproven; conviction quashed; proper offence was grave sexual abuse.
Criminal law – Attempted rape – requirement of intent and overt acts directed to penetration – absence of penetration; Criminal law – Grave sexual abuse (s.138C) – use of genital organ to rub another for sexual gratification; Criminal procedure – Material variance between charge and evidence – duty to amend charge under s.234 CPA – failure to amend renders charge unproven; Appeal – conviction quashed where evidence does not support charged offence.
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2 March 2026 |
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Convictions quashed where key extra‑judicial confession failed mandatory safeguards and corroboration was lacking.
Criminal law – murder – reliance on confessions; self‑exculpatory statements; corroboration of co‑accused confessions; extra‑judicial statements – Chief Justice's Instructions compliance; cautioned statements – s.50(2) CPA time exclusion; exclusion of non‑compliant evidence; convictions quashed.
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2 March 2026 |
| February 2026 |
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A revision application filed after the sixty-day period under Rule 65(4) is time-barred and must be struck out.
Civil procedure — Revision — Rule 65(4) Court of Appeal Rules — sixty-day time limit — accrual from date decision pronounced — Limitation Act not applicable to extend time — out-of-time revision lacks jurisdiction — application struck out
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25 February 2026 |
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Revision application was time‑barred under Rule 65(4); court struck it out for being filed after the sixty‑day period.
Civil procedure — Revision under Rule 65(4) — 60 days from date of decision — Time runs from pronouncement, not from awareness — Limitation Act inapplicable to extend Rule 65(4) — Lack of jurisdiction for late revision — Execution (attachment and sale) proceedings
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25 February 2026 |
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Exhibits not read aloud must be excluded, but independent witness evidence can sustain conviction; vehicle ID need not include chassis number.
Evidence — admissibility: exhibits cleared for admission must be read aloud; failure to do so is fatal and requires expungement. Evidence — identification of vehicle: registration number and physical features corroborated by a registration card and seizure testimony may suffice; chassis number not always necessary. Evidence — recent possession and seizure testimony: oral evidence of seizure in presence of independent witnesses can link accused to recovered property despite exclusion of some documents. Criminal appeal — conviction upheld where remaining credible evidence sustains link between accused and offence
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25 February 2026 |
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Exhibits improperly admitted were expunged, but eyewitness evidence and recent possession sufficiently upheld conviction and sentence.
Criminal law – Evidence – Exhibits not read aloud after admission must be expunged; exclusion does not automatically defeat prosecution where independent eyewitness testimony, seizure certificate and recent possession establish link – Identification of vehicle by registration particulars and registration card is sufficient; chassis number not always necessary.
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25 February 2026 |