MU’AMMAR TUKUR Vs THE STATE

MU’AMMAR TUKUR Vs THE STATE

July 2025

Subject Matters

  • Court – whether Supreme Court will not interfere with evaluation of evidence by trial court – exceptions thereto

    Criminal Law: Murder – ingredients thereof – the principle in Ugochukwu Okereke vs. The State (2016) LPELR -40012 SC

    Criminal Law: Onus on prosecution thereof

    Criminal Law and Procedure: Proof of crime – evidence of eye witnesses – whether ranks second in the methodical ladder of proof of crime – the principle in Iliyasu vs. The State (2024) LPELR -62971(SC)

    Criminal Law and Procedure: Proof of crime – evidence of eye witness – whether testifies directly on what he saw at the scene – the principle in Owolabi vs. State (2022) LPELR -59985(SC)

    Criminal Law and Procedure: Weapons used in crime – whether there is no principle of law known which requires the prosecution to tender the weapon used in an alleged crime in other to determine the guilt of the accused person

    Evidence: Admissibility of a document – whether generally a document should be admitted through the maker – exceptions thereto – sec.83(1) of Evidence Act, 2011 considered

    Evidence: Admissibility of a document – whether a document is to be tendered by the maker – exceptions thereto – the principle in Umar vs. The State (2024) LPELR -62409(SC)

    Practice and Procedure: Contradictions – where contradictions are not material – whether such contradictions will be disregarded

    Practice and Procedure: Concurrent findings – where there are concurrent findings by two lower court- attitude of Supreme Court thereto

Issues:

1 . “Whether the court of appeal was right when it affirmed the decision of the trial court which admitted in evidence and relied on exhibits 1,2,3, and 4 to convict and sentenced the Appellant to death even though the said exhibits did not meet the conditions of admissibility under the Evidence Act, 201 1 .

2. Whether the court of Appeal was right in affirming the decision of the trial court which convicted and sentenced the Appellant to death on the alleged offence of culpable homicide under section 221 (a) of the Penal Code without taking into consideration the issue of material time of the commission of the alleged offence.

3. Whether the Court of Appeal was right when it affirmed the conviction and sentence of the Appellant for the offence of culpable homicide under section 221 (a) of the Penal Code despite the contradictory evidence of the prosecution’s witness as to the nature of the weapon used in the commission of the aIleged crime.”

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