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Citation
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Judgment date
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| October 2009 |
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Night-time visual identification found unreliable, convictions quashed and sentences set aside.
* Criminal law – visual identification – night-time identification – Amani Waziri caution: visual ID is weak and must be watertight; * Criminal procedure – caution statements – late objections treated as afterthoughts where no contemporaneous objection in record; * Criminal procedure – prosecution’s discretion in calling witnesses listed at preliminary hearing; * Appeal – convictions quashed where identification unsafe and prosecution case unreliable.
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30 October 2009 |
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A fresh land claim was properly dismissed as res judicata because the same issue had been finally decided by a competent court.
* Civil procedure — Res judicata — Application of section 9 Civil Procedure Code — same parties, same title, same substantial issue, final decision by competent court.
* Land law — Ownership and vacant possession — cannot relitigate identical land dispute after final judgment.
* Jurisdiction — Alleged lack of jurisdiction in earlier proceedings does not permit fresh suit where judgment remains unannulled; proper remedy is appeal/revision.
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30 October 2009 |
| July 2009 |
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Conviction for rape based on single, uncertain identification and missing medical evidence was quashed for insufficient proof.
Criminal law – Rape – Identification in darkness – application of Waziri Aman; requirement for corroboration in sexual offences; failure to tender PF3; voluntariness of admissions where accused unrepresented.
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27 July 2009 |
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Substituting charges without arraignment renders the trial a nullity; conviction set aside and retrial ordered.
* Criminal procedure – arraignment – substitution of charges – new charge must be read and accused required to plead; non-compliance renders trial a nullity; proceedings set aside and retrial ordered.
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24 July 2009 |
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Conviction quashed where no identification evidence and mere possession of stolen phone did not prove armed robbery.
Criminal law – Armed robbery – Identification evidence – Conviction cannot rest where no witness identified appellant at scene; Possession of complainant’s property – Insufficient alone to prove robbery where reasonable doubt exists; Burden of proof – Prosecution must prove guilt beyond reasonable doubt.
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24 July 2009 |
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Conviction for rape and impregnating a schoolgirl quashed for lack of independent corroboration and reliance on hearsay evidence.
Criminal law – Evidence – Sexual offences – Necessity of independent corroboration where credibility is in issue; hearsay and failure to call material witnesses undermine proof beyond reasonable doubt; conviction unsafe and quashed.
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6 July 2009 |
| June 2009 |
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First appellant properly identified and convicted; convictions of second and third quashed for lack of identification.
Criminal law – Robbery with violence – Identification evidence – proximity and time of observation – Positive identification of co-accused required for conviction; absence of identification requires quashing conviction.
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19 June 2009 |
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Court upheld robbery conviction, finding identification reliable due to daylight observation and witness corroboration.
Criminal law – robbery with violence – identification evidence – safety of identification where victim was assaulted and rendered unconscious – corroboration by independent witness – conviction upheld.
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2 June 2009 |
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Conviction based on child evidence without proper voire dire and failure to inform accused under s.240(3) is unsafe; retrial ordered.
Criminal law – child witnesses – requirement for proper voire dire under s.127(2) Evidence Act; unsworn child testimony requires independent corroboration. Criminal procedure – section 240(3) Criminal Procedure Act – mandatory duty to inform accused of right to summon/report author for cross‑examination. Procedural irregularities – nullification of proceedings and order for retrial.
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2 June 2009 |
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Conviction quashed where child's voir dire was inadequate and prosecution failed to call key witnesses or corroborative medical evidence.
* Criminal law — Rape — Reliance on single child witness — requirement for corroboration where voir dire inadequate under s.127(2) Evidence Act. * Evidence — Voire dire for child witnesses — sufficiency of questions to show intelligence and understanding of duty to tell truth. * Evidence — Medical evidence (PF.3) — necessity to call relevant medical/forensic exhibits and defendant's medical record to link accused to offence. * Prosecution conduct — failure to call witnesses indicated at preliminary hearing undermines case. * Criminal procedure — s.312 CPA — judgment must state points for determination, decision and reasons. * Sentencing — improperly or ambiguously pronounced sentence invalid.
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1 June 2009 |
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First appellant’s recent possession and sale negotiations upheld conviction; second and third appellants acquitted for insufficient evidence.
* Criminal law – Armed robbery – sufficiency of evidence; possession and common intention; recent possession as presumptive evidence of guilt. * Possession – statutory definition; knowledge and consent required to impute possession to others. * Evidence – identification of stolen property; innocent receiver vs accomplice. * Appeal – convicting only where evidence proves participation beyond reasonable doubt.
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1 June 2009 |
| April 2009 |
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Flight and possession evidence upheld the applicant's conviction despite weak identification and issues with recent possession and confession.
Criminal law – shop breaking and stealing – identification of accused – Waziri Amani test – recent possession doctrine requires specific identification of stolen goods – caution statement voluntariness – flight and conduct as corroborative evidence.
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27 April 2009 |
| February 2009 |
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Conviction overturned where circumstantial and night-time identification evidence failed to prove malicious damage beyond reasonable doubt.
Criminal law – Malicious damage to property – Circumstantial evidence – Identification at night – necessity of corroborative proof (breaking instruments, state of property before/after) – Guards' testimony admissibility – Contract with owner not required.
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9 February 2009 |
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Appellant's rape conviction upheld on credible victim testimony corroborated by PF.3 and witnesses despite absence of doctor.
Criminal law – rape – sufficiency and corroboration of victim’s evidence; admission of PF.3 without medical officer’s testimony; hearsay objections under s.62(1) Evidence Act; s.143 Evidence Act (no required number of witnesses) – credibility paramount.
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6 February 2009 |