"I agree with learned appellant counsel that on the authorities a court's decision which does not arise from the evidence on record constitutes such miscarriage of justice that imposes on the appellate court the duty to set same aside. If indeed the lower court has failed to set aside the trial court's conviction and sentence of the appellant which does not arise from any credible evidence, then this Court is entitled to step in and do the needful. See Rabiu V. The State (1980) 8-11 SC 85; Atolagbe V. Shown (1985) 1 NWLR (Pt 2) 360; (1985) LPELR 592 (SC) and Williams V. The State (1992) 10 SCNJ  74".

PER M.D.MUHAMMAD, J.S.C IN THE CASE OF SOPAKIRIBA IGBIKIS V THE STATE;LER:(2017)SC. 316/2014