DUTY OF THE COURT TO CONSIDER ALL DEFENCES RAISED BY AN ACCUSED PERSON  

 

Yinka Bright
Joined: 1 year ago
Posts: 114
10/09/2019 10:45 am  

“In Nwanga Nwuzoke v. The State (1988) LPELR – 2135 (SC) at page 9 paragraph B-E, this court held as follows:

“The adjudication process in this our adversarial system of administration of justice demands that every defence available to the accused on the evidence and facts before the court must be considered by the court. To refrain from a consideration of the defence because it is considered weak, farfetched, foolish, conflicting, unfounded and false is to ere seriously in the discharge of one’s duty as a Judge. Where there is no evidence to warrant consideration of the defence, the trial judge has no duty to consider the defence. It is not the duty of the judge to scout round for defences where there are none and where the evidence does not suggest one. See R. Kwabena Bio (1945) 11WACA 46 at P.48.”

(Also reported in (1988) 1 NWLR (pt. 72) 529 however, the duty of the court to consider all defences implicit in the evidence though not specifically raised. Where the prosecution has led cogent and overwhelming evidence against an accused person, as in this case, and the accused has made-a confessional statement admitting the commission of the offence, and thereafter merely denied same, I think it will be uncharitable to accused the trial court for not considering the defences “available” to the accused. It must be noted that the defence must be available in the evidence and not to be imported into the evidence by the court.” PER J. I. OKORO, J.S.C in

OLUFEMI BABATUNDE Vs THE STATE APPEAL NO: SC. 516/2014 https://legalpediaonline.com/olufemi-babatunde-vs-the-state/


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