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JIMOH ISHOLA (ALIAS EJIGBADERO) V. THE STATE

(1978) JELR 48820 (SC)

Supreme Court  •  SC.8/1977  •  26 Oct 1978  •  Nigeria

Coram
DARNLEY A.R. ALEXANDER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; CHUKWUNWEIKE IDIGBE JSC;

Judgement

C. IDIGBE, JSC (Delivering the Leading Judgment): At this point in these proceedings there are for determination of this court inter alia the following principal questions:

"(1) Whether the eighteenth witness for the prosecution (P.W. 18 - Kehinde Yekini) is an accomplice whose testimony in so far as it tends to implicate the appellant required corroboration from an independent witness?

(2) Whether the court of first instance did not, in the circumstances of this case, err in law in admitting evidence of "similar facts" whose prejudicial character far outweighed their probative value?

(3) Whether, in the circumstances of this case, the evidence of "visual identification of the appellant at the alleged time and venue of the murder of the deceased as given by the first, second, third and sixth prosecution witnesses based on a fleeting glance of the appellant at night and the failure" of the learned trial Judge to warn himself of the need for other independent evidence corroborating the s…

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