JOHN ELUSA EHIKWE Vs THE STATE

JOHN ELUSA EHIKWE Vs THE STATE

July 2025

Subject Matters

  • Criminal Law and Procedure: Proof in criminal cases – where evidence in a criminal trial is susceptible to doubt – whether it does not amount to proof beyond all reasonable doubt – the principle in State vs. Onyeukwu (2004) 14 NWLR (Pt.893)340

    Court: Supreme Court – attitude to concurrent findings – whether should not interfere unless an error has occasioned miscarriage of justice

    Criminal Law and Procedure: Alibi – meaning – whether must be promptly raised during investigation

    Criminal Law and Procedure: Investigation thereof – where there are sufficient evidence fixing the accused to the scene of crime – whether Alibi may not be investigated – the principle in Udo vs. The State (2023)9 NWLR (Pt. 1888)181

    Criminal Law and Procedure: Plea of Alibi – where an Appellant claimed that he was in the house of somebody when the offence was allegedly committed – the police invited that somebody and took statement from him – whether the Appellant cannot claim that his plea of Alibi was not investigated

    Criminal Law and Procedure: Offence of murder – ingredients thereof – where an appellate court finds that the ingredients of murder were proved against the Appellant – whether the Appellant’s appeal is bound to be dismissed.

    Practice and Procedure: Evaluation of evidence – meaning – how done – whether primary duty of the trial court – the principles in Yerima vs. Bolami & Ors. (2023) ALL FWLR (Pt. 12206)5 and Lafia Local Government vs. The State & Ors. (2012) 17 NWLR (pt.1328)94

    Practice and Procedure: Evaluation of evidence – where the facts are not in dispute – whether evaluation of evidence will not arise

    Practice and Procedure: Evaluation of evidence – where evaluation of evidence does not involve credibility of a witness – whether an appellate court is in the same position as trial court to evaluate evidence

    Words and Phrases: Proof beyond all reasonable doubt – meaning

Issues:

 1.        Having regard to the totality of the evidence adduced, was the evidence    adduced properly evaluated by the Court of Appeal for it to be held compelling to ground the conviction of appellant? (Distilled from Grounds 1 , 2, 3, 5 and 7).

2.         Was the Court of Appeal right in concluding that circumstantial evidence   has been sufficiently made out           and shown to be irresistibly conclusive and certain that appellant’s guilt was proved beyond reasonable doubt? (Distilled from Ground 4 of the Notice of Appeal).

3.         Whether the Court of Appeal which affirmed the decision of the trial court gave adequate consideration to the defence of alibi set up by the appellant and was right in rejecting same? (Distilled from Ground 6 of the Notice of Appeal.)

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