The Nation Newspaper

Tag: evidence

  • ‘Chivita’s new packs evidence of innovation’

    ‘Chivita’s new packs evidence of innovation’

    Chivita Active and Chi Exotic’s new 315ml Handy Pack has been described as an evidence of Chi Limited’s innovative and affordable packaging strategy geared towards hip, trendy and On-the-Go consumers.

    For market watchers, the new 315ml Handy Pack would ensure more market penetration for a brand that is already a leading brand in the fruit juice market.

    The Managing Director, Chi Limited, Deepanjan Roy, said: “The new and attractive 315ml Handy Pack has a genuine consumer appeal and the feedback from the market has been fantastic. At the cost of N100, we are confident that the affordability, accessibility and convenience of this trendy, and On-the-Go Handy packs would ensure that our consumers continue to get the same refreshing taste and nourishment – Anytime & Anywhere.

    “Consumers have extolled the Handy Pack size for its elegance, convenience and shelf appeal. They, particularly, appreciate its advantages over aluminum can packaging because it is easy to hold, pour from, and is far more environment friendly.’’

    For a brand, whose innovations and dexterity accompany its brands, Chi Limited’s market leadership is driven by consumer engagements, needs and satisfaction.

  • Osinbajo: more evidence of change will show next year

    Osinbajo: more evidence of change will show next year

    Vice President Yemi Osinbajo has said more evidence of change will be announced by President Muhammadu Buhari in a 2016 budget to be presented to National Assembly tomorrow.

    The Vice President spoke yesterday in Dutse, Jigawa State capital while receiving over 3000 People Democratic Party (PDP) members into the All Progressives Congress (APC).

    Osinbajo, who was represented by the Speaker, House of Representatives, Yakubu Dogara, explained that “more evidence of change would be realised when the president presents the 2016 budget estimate to the National Assembly”.

    He added: “Parts of the change seen so far are 130 bills introduced in the House of Representatives within this period of APC administration. This has never happened in the past.

    “We were the first to leave the PDP to APC as result of the insecurity in the North east. The then PDP government showed no committed atitude. There is no justification to anyone in the Northeast to remain in PDP.”

    The National Chairman of the APC, Chief John Odigie-Oyegun, said members of PDP were trooping to APC nation wide, “but the Jigawa own is unique”.

    “Those decamping in to our party are doing so because of the government and quality leadership by President Muhammadu Buhari, governors of the party and their teams in their respective states,” he said.

    Governor Muhammadu Badaru Abubakar said among of the defectors are 18 serving local government council chairmen, 190 councillors, two former members of the House of Representatives, former commissioners, members of the House of Assembly and others.

  • Evidence of leadership

    Evidence of leadership

    A leader is a man who has the ability to get other people to do what they don’t want to do, and like it”.                                                                        

     Harry S. Truman (1884 – 1972) Former U.S. president

     

    Preamble

    In a few days time, The Sultan of Sokoto, His Eminence, Alhaji Muhammad Sa‘ad Abubakar CFR, mni, will storm the city of Ibadan in a rare academic regalia. As the Chancellor of that Premier University, His Eminence will grace the Institution’s 67th convocation an occasion at which he will formally be installed as the Chancellor with a grandeur having been so appointed by the Federal Government early this year. The occasion will further confirm the qualities of good leadership in him.

    Good leadership is recognised not by official position or use of force. Genuine leaders are mostly known by their utterances, their actions and their conducts. Such are leaders who never say YES when they mean to say NO. They never make promise and renege on it. Such are people who   never betray those who trust them.

    Those were the qualities in Prophet Muhammad (SAW) that prompted the Almighty Allah to say as follows about him: “There is surely an excellent example for you (Muslims) to emulate in Prophet Muhammad for those of you who believe in Allah and the hereafter and also remember Allah at all times” Q. 33: 21

     

    Good Leadership

    Philosophers who assert that every new century has a way of producing a great leader may be right after all. The example of His Eminence Alhaji Muhammad Sa’ad Abubakar, CFR, mni, the Sultan of Sokoto is a manifest attestation to that assertion. Ever since he assumed the exalted throne of the Sultanate about nine years ago, this great man has convincingly demonstrated all the qualities of genuine leadership. Every statement he has made socially, religiously and politically and every action he has taken officially or personally has proved to be a school from which all well-meaning people have learned one thing or the other.

    Like any other thing modern, this Sultan is modern by all standards. He knew on assumption of the royal office that the most effective link between the Sultanate and Nigerians (especially the Muslim Ummah) is the internet and he put that royal institution online as soon as he ascended the throne. Thus, as an exemplary leader, he demonstrates his leadership prowess by possessing mastering fingers on the computer.

     

    Historical perspective

    In the days before the official emergence of Nigeria as a country through the amalgamation of certain tribes and regions by the British colonialists, Sokoto Empire was beyond today’s Nigerian map. It consisted of a vast area of today’s Niger Republic, Mali, Burkina Faso, Cameroon, Benin Republic and some parts of Togo and Ghana.

    However, with the partition of Africa into various colonial entities in 1884, the Sultanate of Sokoto became drastically reduced with a large chunk of its territory falling under various colonial authorities.

    In the days of Uthman Dan Fodio and his brother, Abdullah Bn Fodio, the main glory of the Empire was education which became its heritage through the descendants’ line. It is on record that Clapperton, a British colonial agent once had an encounter with the first Sultan, Muhammad Bello, the son of Uthman Dan Fodio in 1824, in an interesting intellectual circumstance. After the encounter which came in form of a tacit debate, Clapperton had to admit thus: “He (Muhammad Bello) continued to ask me several other theological questions, until I was obliged to confess myself not sufficiently versed in religious subtleties to resolve these knotty points”.

    And, when Clapperton returned to Sokoto two years later, (1826) and presented Bello with a copy of Arabic Euclid, he was shocked to learn that his host already possessed one. Both Muhammad Bello and his father, Uthman Dan Fodio, made such complex linguistic, theological and legal studies that the one had 97 books to his credit while the other had 93.

     

    Genesis of literacy in Nigeria

    When the Europeans first came to our own part of Africa in the 16th century, the only literate part of what is called Nigeria today was the north. And that was because Islam had reached that part of the country with its Arabic literacy since the 11th century. The British colonialists confirmed this when they arrived in the 19th century.

    The only reason why the colonialists did not retain Arabic literacy in the north was that they did not understand it. If they had not ignored Arabic literacy, the north would not have been perceived as backward educationally today. At least by 1919, when the South was just beginning to embrace literacy with less than a score of schools, the North already had over 25000 schools where various subjects were taught and learnt in Arabic language.

     

    Philosophical assertion

    Philosophers who assert that every new century has a way of producing a great leader may be right after all. The example of His Eminence, Muhammad Sa’ad Abubakar is a manifest attestation to that assertion. Ever since he assumed the exalted royal office about nine years ago, this great man has convincingly exemplified all the qualities of genuine leadership. Every statement he has made socially, religiously or politically and every action he has taken officially or privately has proved to be a school from which all well-meaning people have learnt one lesson or another.

    Five years after his ascending the throne in November 2006, the symbiotic relationship between history and man was reconfirmed in Zaria, on Wednesday, (November 23, 2011), where a galaxy of well-meaning men and women from all walks of life assembled to say “we are here to bear witness”. That was the day His Eminence was installed as the CHANCELLOR OF AHMADU BELLO UNIVERSITY, ZARIA. The occasion was just one of many laurels accruing to him since he became the Sultan. And that same year, he was also named the 16th most influential Muslim leader in the world as his global itinerary in pursuit of peace and tranquility has come to confirm his unique royal mission.

     

    The role of education

    In Islam, education is the first law. It is only through it that man can understand life in all its ramifications. That was why Allah’s very first revelation to Prophet Muhammad (SAW) ordained education thus: “Read in the name of Allah who created; He created man from clots of congealed blood; Read! Your Lord is the Most Bountiful One, Who taught man by the pen; He taught man what he (man) did not know…”Q. 96:1-4. To further emphasise the compelling need for education in Islam, Prophet Muhammad (SAW) was reported to have said in one Hadith that “knowledge is a lost treasure. Muslims should look for it and pick it wherever they could find it”.

    Without education there can be no information. And without information there can be no progress. That is why the Sultan started his reformation of the Sultanate from the premise of information based on education. It is only with education that most problems in this world can be solved without much ado. Sultan Muhammad Sa‘ad Abubakar also believes that education without social harmony is like a virtue without value and that there can be no harmony in a society where people are overwhelmed by ignorance and penury as is the case in Nigeria today. Thus, he has consistently focused on these two areas in his global campaigns.

     

    Historic quotes

    At his installation as the Chancellor of Ahmadu Bello University in 2011, Sultan Muhammad Sa’ad Abubakar said that the current socio-economic indices in Nigeria were a clear indication that the country had begun to drift. He blame the failure of the country’s unprecedented resources, development to match the national wealth on corruption.

    In his words: “Corruption has emasculated our progress even as poverty and unemployment have pushed citizens to the brinks, fueling and confounding social conflicts and inter-communal crisis has extracted heavy toll in both human lives and property”. He went further to say that: “Persistent insecurity has generated panic and anxiety; our social and physical infrastructures are far from meeting the needs of the nation; the country appears to be adrift and at the core of all these is moral decay engendered by ignorance and greed.”

    He also noted that the reform of the tertiary education sector could not be effective without putting in place, the progressive developments required in the basic and senior secondary education sectors insisting that “our state governments, especially those of the North, must begin to realise the enormity of the challenges facing the education sector and take urgent and necessary steps to address those challenges.” He lauded the founding fathers of the ABU, especially, the late Sarduana of Sokoto, Sir Ahmadu Bello, and urged the authorities of the school to continue to abide by the cardinal principles on which the institution was founded.

    That is the Sultan for you, a man who is at the topmost echelon of the tree of comfort but feels so much concerned about the plight of the peasants who are consigned to the weeding of the shrubs without any hope in life through official policies. He has never relented in his advocacy for good governance and denunciation of corruption as well religious intolerance and avoidance of provocation

     

    Interfaith inclination

    When he was invited in January 2010 as a special guest of honour to a religious seminar organised by the Christian Association of Nigeria (CAN), with the theme: ‘Knowing Your Muslim Neighbour’, Sultan Abubakar delivered an historic speech that reverberated meaningfully across the entire world. And in May, same year, he also invited the leadership of CAN to a special conference of the Nigerian Supreme Council for Islamic Affairs (NSCIA) held in Kaduna. The theme of that conference was: ‘Islam in the Eyes of the Christians’. He is the first Nigerian special class monarch to engage in such an interfaith affair at the national level and his speech on that occasion was also electrifying. Please read an excerpt from that speech as presented below:

    “….the task of overcoming Nigeria’s problems calls for sacrifice, dialogue and understanding; and all national stakeholders must overcome the myopia of greed and self-centeredness to move this great nation forward and safeguard its strategic interests….we must begin to look into the future with hope and confidence and to ensure, first and foremost, that we shore up the foundations of our political system. The National Assembly, and indeed all tiers of government, should not relent in their current efforts at electoral reform and in ensuring that Nigerians have a genuine electoral process that guarantees free and fair elections. Unless and until we do that, our nation will continue to be haunted by the unholy alliance between fraudulent elections and illegitimate electoral outcomes, the consequences of which we all know too well. We must break away from this vicious circle and confer on Nigerians the power and indeed the ability to decide, freely and willingly, who leads them at all levels of governance”.

    “….There is also the urgent need for us to re-evaluate our conception of leadership as a nation…. needless to add, that there is no way we can make genuine progress as a nation when a significant number of our populace wallows in abject poverty unable to secure the requisite means for their sustenance and to cater for the health and educational needs of their families. Democracy must build a humane society capable of looking after the legitimate needs of its citizenry. For it to be truly successful, it must be able to bring real progress to all sectors of our diverse society.

    “Finally we must all work hard to limit the influence of wealth in our society and to support those values that promote social responsibility, excellence and hard work”.

     

    Conclusion

    That is Sultan Muhammad Sa’ad Abubakar, a leader who knows the problems of his followers and associates with them with a view to solving those problems. He has since delivered similar, captivating lectures of historic records at Oxford and Cambridge Universities in Britain as well as at Harvard University in the United States on the invitation of those institutions. As he will be installed as the Chancellor of the University of Ibadan on Tuesday, November 17, 2015, ‘The Message’ column joins thousands of Nigerians at home and abroad to say to His Eminence: CONGRATULATIONS!

  • Rivers poll: Tribunal admits more documents in evidence

    Rivers poll: Tribunal admits more documents in evidence

    The Rivers State Governorship Election Petitions Tribunal yesterday admitted more documents tendered by the Peoples Democratic Party (PDP) in evidence.

    Among the documents, which were admitted at the tribunal’s sitting in Abuja, are: Independent National Electoral Commission (INEC) Form EC 25 B and Form EC 25 B (1) for various wards in the local government areas.

    The tribunal also admitted more voter registers and incident forms in addition to the ones it had earlier received.

    PDP’s lawyer, Chris Uche (SAN), contended that election was held in the state.

    He noted that each form he tendered played specific role during the election.

    According to him, Form EC 25 B indicated the areas where electoral materials were distributed to during the April 11 election.

    Uche said the Form EC 25 B (1), also called the “Reverse Material Logistic Form”, showed that the election materials used in the poll were submitted to INEC office as required by law.

    Uche told the tribunal that the forms were proofs that the state’s All Progressives Congress (APC) lied to the tribunal when it alleged that materials were not distributed on the Election Day.

    The lawyer said the Form EC 25 B showed how election result sheets, incident forms, voters’ registers and other key election materials were distributed across the state.

    He said the documents were tendered to disprove APC’s claim that election result sheets were not distributed on the Election Day.

    Uche added that the documents tendered before the tribunal were proofs that the governorship election was held in Rivers State, contrary to the “assertion and propaganda of the APC”.

    Meanwhile, the APC Counsel, Mr Akinlolu Olujimi (SAN) has said that he deferred his objection to all the documents tendered till the time he will be given his final address.

    The tribunal Chairman, Justice Suleiman Ambursa adjourned sitting to Tuesday, October 13 for the PDP to continue with it defence.

     

  • Delta poll: Tribunal admits election results as evidence

    Delta State Governor Ifeanyi Okowa, on Friday, failed to stop the All Progressives Congress (APC) governorship candidate, Olorogun O’tega Emerhor, from presenting the governorship election result sheets used in the April 11 election from the 25 local government areas.

    The APC candidate approached the tribunal, challenging the election of Okowa of the People Democratic Party (PDP).

    At the resumed hearing on Friday, APC’s lawyer, Thompson Okpoko (SAN), while examining his witness, Ore Ohimor, said he would tender forms EC8A, EC8D and EC8E, that is, the state, local government and unit-by-unit election result sheets for the 25 local government areas.

    But Ken Mozie (SAN), lawyer to Okowa, opposed the moved.

    The lawyer argued that the documents sought to be tendered were not neither pleaded nor listed in the witnesses’ statement on oath.

    He averred that the documents listed in the witnesses’ statement on oath are: forms EC8D and EC8E, not form EC8A.

    Mozie said any attempt to tender form EC8A would amount to subverting due process and obtaining justice through the backdoor.

    He said: “We object to the admissibility of these documents. The fundamental foundational requirements were not met. In paragraph 14 of the witnesses’ statement, only forms EC8D and EC8E were pleaded. In their reply to our reply, it was not pleaded; no reference was made to the document sought to be tendered. Therefore, listing the document will not cure it, if it was not accommodated in their pleading.”

    Counsel to PDP, Timothy Kehinde (SAN), noted that it was an elementary principle of law to put the parties on notice and not by surprise.

    The lawyer said the document sought to be tendered should be specifically pleaded.

    He said an “unpleaded” document cannot be admitted even when the document was mentioned in the witnesses’ statement.

    According to him, the document was not mentioned in the witnesses’ statement on oath; neither was it pleaded.

    INEC’s lawyer, O. Anumonye, averred that “the document sought to be tendered by APC and Emerhor were not referred to in the witnesses’ deposition”.

    He added: “Having pleaded over voting by tendering forms EC8D and form EC8E, pleading form EC8A will constitute springing a surprise.”

    But Okpoko said Form EC8A was listed among the documents to be tendered, adding that the documents were identified on paragraphs seven and eight of the petition.

  • Evidence of suspicion cannot replace legal proof of commission of criminal allegation

    Evidence of suspicion cannot replace legal proof of commission of criminal allegation

    The appeal arose from the decision of  the High Court of Justice of Lagos state whereby it convicted and sentenced the Appellant to death for the murder of a Mr. Ikechukwu Idoko contrary to Section 319 of the Criminal Code Cap 17 (volume 2) Laws of Lagos State, 2003 (CAP 17 of 2003).

    In a nutshell, the deceased had been an apprentice trader under the Appellant, his master.  He had lived with the Appellant in the same premises at No. 14, Oduloju Street, Cele Alaba International, Lagos. The deceased was to serve the Appellant for six years. He completed the six years of apprenticeship. The deceased was to be released from the apprenticeship in 2006. The Appellant refused to release him. The deceased continued the apprenticeship. Police investigation through some eye witnesses who were not called to testify indicated that the Appellant had a quarrel with the deceased for returning late in the night to the house on the fateful day of 9-07-07. That in the course of the quarrel a fracas ensued between the Appellant and the deceased. The Appellant was said to have pushed the deceased. The push caused the deceased to fall from the balcony of the second floor of a two storey building. The said fall made the deceased unconscious. According to PW1, a medical doctor, operating a clinic about 50 metres from the said premises, the deceased was brought to his clinic in a state of comatose and gasping in the night of 9-7-07.  The deceased bled from the ear and the nose.  PW1 concluded the deceased had a fracture at the base of the skull or had head injury.  PW1 gave the deceased first aid treatment. From there PW1 referred the deceased to Lagos University Teaching Hospital (LUTH). The Appellant and the four other persons that brought the deceased to PW1 took him to LUTH. About the morning of 10-07-07, they brought back the corpse of the deceased with the story that there was no oxygen to manage the deceased at LUTH, so they decided to take the deceased to Ikeja Teaching Hospital where he died on the way.  PW1 stated that his hospital which was a primary health care facility had no mortuary, so the deceased was taken by the Appellant and the four other persons for autopsy at another medical facility.

    PW3, a consultant pathologist and specialist or morbid anatomist, did the post mortem examination on the deceased on 10-07-07. He observed that the deceased had external injury comprising bruises and contusion on the right shoulder. The injury extended to the upper hand. According to PW3 there was no other external injury. PW3 stated that upon opening the body they saw fracture of the 5th rib on the left side and collection of about 50 milles of blood on the left side of the chest cavity and collection of 200 milles of blood in the brain. PW3 also stated that the head had no external injury.  PW3 opined that the cause of death was due to massive haemorrhage to the brain caused by “blunt forced injury”. The Appellant’s version was that the deceased was his apprentice and used to stay with him. That the deceased came back to the house late on 9-7-07. He punished the deceased by kneeling. While the deceased was on his knees, he went into his room.  Within a short interval one of the Appellant’s brothers rushed into his room to inform him the deceased was seen lying on the ground floor. He went to the scene. There the Appellant discovered the deceased unconscious. He took the deceased for medical treatment. The deceased did not recover consciousness. He died. The Appellant concluded the deceased jumped to his death from the balcony of the two storey building where they lived.

    The High Court accepted the version of the Respondent. It found the Appellant guilty of murder and convicted him as charged.  The Appellant was unhappy with the decision of the High Court.  He filed a notice of appeal with eight grounds of appeal on 5-11-10, questioning the decision. In his brief of argument the Appellant distilled these issues for determination –

    (a) Whether the testimony of PW3 (consultant Pathologist) was direct evidence and could be relied upon to establish the guilt of the Appellant.

    (b) Whether the evidence proffered by the prosecution proved the charge of murder against the Appellant beyond reasonable doubt.

    (c) Whether the Lower Court properly evaluated the evidence before it, before coming to a finding of guilt of the Appellant.

    Arguing the first issue, the Appellant contended that the PW3, a pathologist, was not an eye witness to the crime, nor did the circumstantial evidence surrounding the death of the deceased pin the crime on the Appellant, therefore the lower Court was wrong to hold that the PW3 gave direct evidence of the cause of death of the deceased as having arisen from a fall from a push on a balcony of a two storey building as his said expert evidence is unreliable and does not accord with reason, nor is the expert evidence cogent, compelling and conclusive vide the cases of Attorney-General of Oyo State v. Fairlakes Hotels (1989) 5 NWLR (pt.121) 285; (1989) LPELR-625(SC), Lori v. State (1980) 1-2 SC 11 at 22; (1980) LPELR-1794(SC), Abieke and Anor. v. State (1976) 10 SC 255 at 265; (1975) LPELR-8042(SC), Adepetu v. State (1998) 9 NWLR (pt.565) 185 at 223 -224; (1998) LPELR-135(SC).

    Arguing the second issue to the effect that, although the death of the deceased was established, the five witnesses that gave evidence for the Respondent at the lower Court did not establish beyond reasonable doubt the cause of death of the deceased in that the PW1 and the PW2 testified that the deceased sustained head injury from a fall which caused his death; whereas the PW3, the pathologist, testified that the deceased had no external head injury nor fracture of the bone of the head at the time he performed post mortem examination on the deceased on 10-7-07, a day after the incident which, according to the Appellant, is a material contradiction which created reasonable doubt and made it unsafe for the lower Court to base the conviction of the Appellant thereon vide Ogoala v. State (1991) 2 NWLR (pt.175) 509 at 536; (1991) LPELR-2307(SC. He was also argued on the second issue that there is no evidence to link the Appellant with the death of the deceased, nor did the evidence for the Respondent rule out the possibility of the death of the deceased from other causes, so the case against the Appellant that he actually killed the deceased and the cause of the death of the deceased were not proved beyond reasonable doubt vide Gira v. State (1996) 4 NWLR (pt.443) 375;(1996) LPELR-1322(SC), Nwaeze v. State (1996) 2 NWLR (pt.428) 1;(1996) LPELR-2091(SC).

    Arguing the third issue for determination, the Appellant contended that at best the evidence against the Appellant was based on suspicion which does not take the place of legal proof of an offence beyond reasonable doubt vide Onah v. State (1985) 12 SC 61; (1985) LPELR-2668(SC).

    In determining the appeal, the Court held that the lower Court was in error in making use of the statements of the witnesses to the police who did not testify in the case to find that the Appellant was responsible for the death of the deceased by deliberately pushing the deceased to death from a balcony of a two storey building. Onwe v. The State (1975) N.S.C.C. 375 at 381 -382;(1972) LPELR-2708(SC). In addition, the Court noted that the witnesses whose statements were compiled in Exhibit P7 were not presented for cross-examination at the lower Court. The Court stated that it has been held that the evidence of a witness who was not presented for cross-examination or whose evidence was untested under cross-examination by the failure to put him for cross-examination after his evidence-in-chief has no probative value vide the cases of Shofolahan v. State (2013) 17 NWLR (pt.1383) 281 at 320 -321;(2013) LPELR-20998(CA), Al Mustapha v. State (2013) 17 NWLR (pt.1383) 350 at 423 -424;(2013) LPELR-20995(CA). The Court stated that outside the so-called corroborative evidence of the witnesses that were not called to testify, there is no scrap of evidence, direct or circumstantial, to prove beyond reasonable doubt that the appellant murdered the deceased.

    The Court further noted that the other reason the lower Court gave for the conviction of the Appellant was that PW3, the morbid anatomist, gave “direct evidence” of the cause of death of the deceased. The Court noted that PW3 is a pathologist/morbid anatomist. He examined the corpse of the deceased.  He did not witness how the deceased met his death. Therefore PW3 was not in a position to give direct evidence of the cause of death of the deceased.  The Court held that the lower Court was, accordingly, in error in holding that PW3 gave direct evidence of the cause of death of the deceased. The evidence of PW3 was based on his post mortem examination of the deceased. Thus it is opinion evidence of an expert vide sections 67 -76 (especially Section 68) of the Evidence Act 2011 (Evidence Act) dealing with opinion or expert evidence. The Court held that it is not direct evidence.

    Finally the Court noted that flowing from the fact that the Appellant did not admit killing the deceased by pushing him from the balcony of a two storey building, the lower Court went too far in its judgment to hold and infer that because the Appellant was allegedly with the deceased at the material time when there was no firm cogent, compelling and conclusive evidence to lead and did not lead to the irresistible or inevitable/unavoidable conclusion that the Appellant was with the deceased and actually murdered the deceased vide the cases of Ukorah v. State (1977) 4 S.C. 167; (1977) LPELR-3345(SC), Adie v. State (1980) 1 -2 S.C. 116; (1980) LPELR-176(SC) and Lori v. State (1980) 1-2 SC 11 at 22; (1980) LPELR-1794(SC).  The Court further held that the surrounding circumstances of the case only cast a thick cloud of suspicion on the Appellant that he had the opportunity to kill the deceased. But evidence of suspicion no matter how strong and/or evidence of the opportunity to commit the offence charged cannot replace legal proof of the commission of the criminal allegation against the person charged with the offence vide Abieke and Anor. v. State (1975) N.S.C.C. 404 at 408; (1975) LPELR-8042(SC). The Court held that from the pattern of the extra judicial statements of the Appellant in Exhibits P and P1 and his sworn evidence, the Appellant lied on circumstances that led to the death of the deceased; but in the absence of evidence positively linking the Appellant with the death of the deceased and/or that the Appellant in fact killed the deceased, the lies per se and the bad image or demenour of the Appellant in the witness box cannot ground his conviction for the offence charged vide Omogodo v. State (1981) N.S.C.C. 119 at 128; (1981) LPELR-2644(SC) and Okpere v. State (1971) 1 All N.L.R. 1 at 5; (1971) LPELR-2519(SC.

    In the result, the Court found merit in the appeal and thereby allowed it and quashed the conviction and sentence imposed on the Appellant by the High Court. Accordingly, the Court entered a verdict of not guilty for the Appellant and thereby acquitted and discharged the Appellant of the offence charged.

     

    • Edited by LawPavilion

    LawPavilion Citation: (2015) LPELR-                              24534(CA)

     

     

     

     

     

  • Fuel scarcity, power supply drop: ‘Evidence of Jonathan’s failure’

    Fuel scarcity, power supply drop: ‘Evidence of Jonathan’s failure’

    The APC Presidential Campaign Organisation (APCPCO) yesterday described the return of fuel queues in the Federal Capital Territory, Abuja, Lagos and some major cities and the reduction in the hours of electricity supply to Nigerians as sad reminders of the failure of the PDP-led Federal Government.

    Its spokesman, Mallam Garba Shehu, in a statement, said: “The glaring and inexcusable failure of the PDP government in these two important areas is a sign of gross ineptitude, maladministration and corruption, which is responsible for the sorry economic state the average citizen of Nigeria has found themselves”.

    It wondered how a political party, which has been in power for 16 years and which is unable to ensure that its citizens enjoy regular fuel supply being an oil producing and endowed country and electricity having privatised the power sector and given generous financial assistance to operators of the power sector can still feel confident to seek another term in office.

    The  3,623.11 Mega Watts (MW), which the Transmission Company of Nigeria (TCN) sent out on February 23, dipped to   3,063.23MW on February 25, resulting in a fall by 559.88MW within two days.

    According to the power statistics on the website of Federal Ministry of Power yesterday, the power generated by the Electricity Generation Companies (Genco) was  3,131.08MW, out which the TCN could not wheel 67.85MW being the gap between the energy sent out and energy generated by the Gencos.

    Asked what is responsible for the drop in power supply, ministry’s Deputy Director, Mr. Timothy Oyedeji, said the last he heard of the situation  was that Seplat shut down for routine maintenance  of gas pipeline.

    In the period under consideration, the electricity market dropped to a peak power generation of 3,866.8 to 3,224.8MW, indicating a decline of 642MW.

    The statement said: “For the people of Nigeria to be again confronted with the specter of fuel scarcity so soon after the harrowing experience of last Christmas period shows that the Jonathan government can never get anything right as Nigeria will continue to be an embarrassment among the oil producing countries of the world.

    “The issue is that being unable to set up even one new refinery in the past five years and unable to get existing refineries to function up to 50 per cent capacity, the people of Nigeria surely need another set of people to be in charge of affairs.

    “Those who man the two critical sectors of fuel and power are cronies of President Jonathan and supporters of the PDP that they have no reason to discharge their mandate in favour of the Nigerian people.

    “We all remember the hype and fanfare with which the privatisation of the power sector was carried out and yet majority of Nigerians are having less electric power or none at all but are forced to pay outrageous electricity bills to the operators of the power companies who are either card-carrying members of the PDP or are close associates of President Goodluck Jonathan.

    “To add insult to injury, the Jonathan government has also given billions of naira to these operators under the guise of assisting them to improve power supply, without result. And this happened after the sector had been sold and the facilities handed over to these private operators.

    “We of the APC demand that the Jonathan government and his party explain to Nigerians the reason why fuel scarcity and blackout should persist making life a hell for Nigerians, despite huge investments and policies put in place to eradicate these problems”

    The APC Campaign Organisation (APCPCO) stressed that the return of fuel queues was a confirmation that the policies of the Jonathan administration are founded on deceit and insincerity.”

    Shehu argued that the recent fuel price reduction announced by the Federal Government was borne out of political expediency, rather than compassion, because the ruling party is desperate to cling to power at all costs, adding that all the emergency projects and palliatives being bandied about by the Jonathan government are intended to pull wool over the eyes of Nigerians.

    He said a PDP administration that greeted Nigerians with an unprecedented fuel price increase of N140 per liter in January 2012 has lost the basis to be trusted by Nigerians.

    Shehu said the return of fuel queues was like an accident waiting to happen because the recent reduction in petroleum product prices by the Jonathan PDP administration were not based on sincerity, adding that scales are dropping from the eyes of Nigerians day after day and are embracing the imperatives of change for a better Nigeria.

  • Conviction possible where circumstantial evidence is conclusive

    This is an appeal against the judgment of Kebbi State High Court of Justice Birnin Kebbi Division wherein the appellants were found guilty, convicted and sentenced to death by hanging for the offences of criminal conspiracy contrary to Section 97 of the Penal Code, Armed Robbery contrary to Section 1(2) (a) & (b) of the Robbery and Fire Arms (Special Provision) Act.

    The charge was read to the accused persons. Each of the accused persons denied any involvement in the crime and pleaded not guilty to each of the counts. Their respective statements were tendered and admitted in open court. The first  accused in his statement, raised the defence of alibi. After hearing the parties and their respective witnesses, the learned trial Judge found the accused persons guilty. Dissatisfied with the judgment of the trial court, the first and third accused persons at the trial court filed Notice of Appeal containing two grounds of appeal. The appellant’s counsel formulated two issues for the determination of the appeal. They are:

    “1. Whether from the totality of the evidence adduced at the lower court the respondent proved the offences of criminal conspiracy, armed robbery and culpable homicide punishable with death contrary to Sections 97 of the Penal Code, Section 1 (2) (a & b) of the Robbery and Firearms (Special Provision) Act and Section 221 (a) of the Penal Code beyond reasonable doubt against the appellants.

    2. Whether from the fact and circumstances of this case the defence of Alibi availed the first  appellant.”

    The respondent and the court adopted the two issues as formulated by the appellant for the determination of the appeal.

    On issue No.1, Learned appellant’s counsel submitted that the respondent failed to prove the guilt of the accused persons beyond reasonable doubt. He referred to Section 135 (1) & (2) of the Evidence Act. He submitted further that on criminal conspiracy the respondent must show credible evidence of the meeting of the minds of the conspirators to perpetrate an unlawful act or unlawful act by an unlawful means. Learned appellants’counsel argued that none of the witnesses or the evidence by the prosecution fixed the appellants to the scene of the crimes they were convicted of. He referred to the evidence of the prosecution and submitted that the accused persons were not seen or arrested at the scene of the incident. Learned counsel argued that the evidence of PW3 that Salihu Buzu (the deceased) called to inform her that he saw the appellants and the other convicts in his vicinity is hearsay. He submitted that hearsay evidence was not admissible in law. He submitted further that the statement of the deceased before he was found dead did not amount to dying declaration. Appellant’s counsel argued further that the trial court based its conclusion on speculation, imagination and suspicion, adding that suspicion no matter how strong could not occasion criminal responsibility.

    Learned counsel for the respondent submitted that the prosecution at the trial court established the ingredients of the offence of armed robbery. It was submitted that the circumstances of the commission of the offence were positive direct and unequivocal and irresistibly led to the inference that it was the accused persons that committed the offences. He cited SHAZALI V STATE (1988) 12 SC (Pt 11) 58; (1988) LPELR-3040(SC).

    On Issue No.2, it was submitted for the appellant that the police did not investigate the defence of alibi raised by the first  appellant. Learned counsel submitted that failure to investigate the defence of alibi raised by the first appellant was fatal to the prosecution case. He added that it was not the duty of the accused to call witnesses to prove his whereabouts as expressed by the trial court.

    Learned respondent’s counsel submitted that the position of the law regarding alibi raised by an accused was that if the prosecution could lead strong and positive evidence which fixed the accused person which evidence the court accepted, the defence of alibi would collapse. He relied on the case of SUNDAY V STATE (2010) 6 NCC 78; (2010) LPELR-1470(SC). He pointed out that the accused persons were very well known to the prosecution witnesses before the commission of the offences. He finally urged the court to dismiss the appeal as lacking in merit and affirm the conviction and sentence passed by the trial court.

    In determining this appeal, the court pointed out that some facts are clear in this appeal.

    1. The victim of the crime, Salihu Buzu, a watchman to the filling station under construction was killed on February 21,2012 at about 4.00am at Libba village.

    2. None of the prosecution witnesses witnessed the crime.

    3. The accused persons denied any involvement in the crime and did not make confessional statement.

    4. The trial court resolved the oath against oath of witnesses who gave evidence before it. The learned trial judge found the evidence adduced by the prosecution as cogent and compelling.

    PW1 Cpl Isuwa Hamidu attached to Maiyama Division was on duty on  April 21,2012 when a case of conspiracy, armed robbery and culpable homicide was reported. He joined a team of policemen to the scene of incidence and met the deceased lying dead in an uncompleted petrol station. He noticed gun shot wounds on his chest. Not more than five meters away, he found another dead body. The two dead bodies were conveyed to the General Hospital Maiyama for post mortem examination. PW2 was the employer of Buzu (now dead) and he identified the second dead body found at the locus in quo. He had earlier on February20,2012 around 6:30pm seen him with the first and fourth accused persons along with other person at Andarai.

    According to him, the man now dead was wearing the same dress he saw him with on inner shirt and an overcoat. The PW3 was the wife of the deceased. PW6, Adamu Aliyu Libba, did not witness the crime. He only visited the scene after the incident. PW7, was the police officer who took the statement of 4th accused. PW8, Inspector Moh’d Garba gave evidence as to the exhibits recovered – namely the Toyota Corolla car ash with reg. no. AA-655-GW and a broken down gun.

    The appellants in this appeal were the first  and third accused persons at the trial court. The court noted that there was no incriminating evidence against the third accused, now the second appellant as none of the prosecution witnesses mentioned him. The court held that the finding that the second appellant was guilty was perverse.

    On the first appellant, the court noted that his conviction was based on circumstantial evidence. The court held that circumstantial evidence where cogent, conclusive and strong conviction thereon can be sustained leaving no room for other explanation except the accused person’s guilt. See NWEKE V THE STATE [2001] 4NWLR (PT 704) 588; (2001) LPELR-2119(SC). The court noted further that it was the first appellant that was seen with the man whose body was seen with that of  Buzu (the fourth accused was with them), it was the first appellant who was seen around 4.00 am on February 21,2013, shortly after the incident with his car parked on the road leading to the locus in quo. All those who saw him were apprehensive because of his reputation. The court held that it will not disturb the finding of the the trial Judge who saw and heard the witnesses.

    On the defence of alibi, the court held that if the prosecution can lead strong and positive evidence which fixes the accused person at the scene of crime and which evidence the court accepts, the alibi naturally collapses. IKEMSON & ORS V THE STATE (1989) NWLR (PT 110) 455; (1989) LPELR-1473(SC). The court noted that the learned trial Judge accepted the evidence of the prosecution witnesses and the defence of alibi of the first appellant therefore collapses.

    The court disagreed with the contention of the counsel for the appellants that conspiracy was not proved. The court stated the test to be applied in proof of the offence of conspiracy. See ERIM V STATE (1994) 6 SCNJ 104; (1994) LPELR-1159(SC). The court held that the circumstantial evidence adduced by the prosecution points directly to the fact that they conspired. The court held that the contention of appellant’s counsel that conspiracy was not proved hold no water.

    In the final analysis, the court resolved the two issues formulated for determination in favour of the respondent.The appeal in respect of the second appellant was allowed. His conviction and sentence was set aside. He was discharged and acquited. On the first  appellant, the court held that the appeal fails as it lacks merit. His conviction and sentence by the trial court was affirmed.

     

    •Edited  by LawPavilion

    LawPavilion Citation: (2014) LPELR-23823(CA)

     

  • ‘Evidence-based traditional medicine‘ll cure hepatitis’

    ‘Evidence-based traditional medicine‘ll cure hepatitis’

    Many people are dying from hepatitis B and C without knowing what to do.

    But, Chairman, Research Institute of Traditional and Alternative Medicine (RITAM), Otunba Olajuwon Okubena, said there is no cause for alarm as hepatitis, an inflammation of the liver, can be treated with traditional medicine.

    According to him, “Many of the deadly diseases which have defied orthodox solutions can be taken care of using traditional medicine.”

    Hepatitis problem, he said, has assumed a big dimension, which is why the World Health Organisation (WHO) has set aside a day every year to commemorate it.

    “The condition can be self-limiting or can progress to fibrosis (scarring), cirrhosis or liver cancer,” he said.

    Quoting Wikipedia, he said, the World Hepatitis Day (WHD) aims to raise global awareness of hepatitis – a group of infectious diseases known as Hepatitis A, B, C, D, and E.

    The day, he said, is to encourage prevention, diagnosis and treatment.

    Hepatitis, he said, affects many people across the world, causing acute and chronic disease and killing close to 1.4 million people every year.

    He said about 500 million people worldwide are living with either hepatitis B or hepatitis C.

    “If left untreated and unmanaged, hepatitis B or C can lead to advanced liver scarring (cirrhosis) and other complications, including liver cancer or liver failure,” he said.

    Okubena said people should worry about hepatitis than contracting  AIDS, saying  1.5 million people across the world die from either hepatitis B or C faster than they would from HIV and AIDS.

    He said many research works have been done on the disease, especially to determine its epidemiology, transmission and diagnostic investigations, as well as complications and control.

    He said it is clear that there is no known cure for the disease, adding that traditional medicine can come to the rescue of people troubled by hepatitis.

    “Although, still going through verification, a herbal drug known as Hepacare has been found to be helpful,” he said.

    He said formal clinical trials is being considered in collaboration with secondary health facility in Minna, Niger State, adding that the cost of investigation is stumbling block because it is  high and the trials have to be suspended.

    He said the product is already gaining acceptance, adding that a professor of virology at the Lagos State University (LASUTH) did some sort of investigation with a team of scientists.

    He said the scientist’s conclusion on the preparation is a source of encouragement as he described the product as very efficacious, adding that the results have since been published in a peer-reviewed journal.

    The product, he said, was beneficial in the prevention of CCl4-induced hepatocellular injury, possibly by scavenging reactive free radicals, and boosting endogenous antioxidant systems.

    He urged the Federal Government to do more about traditional medicine in line with the directives of the WHO and the African Union (AU).

    Many countries, Okubena said, have implemented the directives but unfortunately, the National Assembly has not even passed the law that would establish the legal framework.

  • UNIBEN student’s family challenge police for evidence

    As the family of the late Ibrahim Momodu awaits the Edo State Directorate of Public Prosecution report, it challenged the police to tell Nigerians where the three shots to the heart shown by the autopsy report were fired.

    The late Momodu, a student of the University of Benin (UNIBEN) was allegedly killed on May 28 by the Divisional Police Officer (DPO) of Ogida Police Station, Mrs. Carol Afegbai.

    The family’s counsel, Jefferson Uwoghiren, said a team, which includes the police, visited the crime scene on Siluko Road, Benin, and no trace of blood was found there.

    Uwoghiren said the family has evidence to prove that the late Momodu was shot when he posed no threat to the police.

    He said: “We hold that brutality and deadly use of excessive force against an unarmed and non-dangerous person is wrong. The summarily execution of suspects frustrates the interests of society in the judicial determination of guilt and punishment.

    “The autopsy report said ‘three bullet marks were seen on mid portion, close to each other with a distance of about 0.5cm apart. The marks were seen on the back and front with the entry point at the back and the exit at the front. The heart was lacerated (torn) into shreds and devoid of blood’.

    “Arising thereof, we restate our demand for the arrest and prosecution of all the police officers who participated in the killing because justice delayed is justice denied.”