MEANING OF PROOF BEYOND REASONABLE DOUBT - WAYS BY WHICH PROSECUTION CAN PROVE ITS CASE BEYOND REASONABLE DOUBT

OKOH v. STATE [2014] ALL FWLR. PART 749. PG. 1138-39.

The court in the above case held:

"Proof beyond reasonable doubt does not mean proof beyond every shadow of doubt. Once the proof of a case as offered by the prosecution drowns the presumption of innocence of the accused, the court is entitled to convict him although there could exist shadows of doubt. The moment the proof by the prosecution renders the presumption of innocence on the part of the accused useless and pins him down as the owner of the mens rea or actus reus or both, the prosecution has discharged the burden placed on it by Section 138(3) Evidence Act. "

"The prosecution in proof of its case against an accused person beyond reasonable doubt can do this by any or a combination of the following ways:

a. by confessional statement(s);
b. by circumstantial evidence; and
c. by evidence of eyewitnesses a.k.a. direct evidence."

LOCUS CLASSICUS - COURTS' APPROACH TO DOCUMENTARY EVIDENCE

SANKEY v. ONAYIFEKE [2014] ALL FWLR. PART 749. PG. 1045.

The court in this case held thus: 

"Documentary Evidence remains the best evidence through which claims in court can easily be proved and disproved."

"Documentary evidence is the hanger or yardstick upon which oral evidence by witnesses in an action are assessed. Therefore, oral evidence by a party and/or his witnesses proferred in relation to a document already admitted in evidence at his instance, must be in tandem with that document which cannot be varied, altered or added to by oral evidence. In other words, oral evidence is to throw more light on the documentary evidence/exhibit".

FINALLY, SUPREME COURT SENTENCE NONSO OKEKE TO DEATH

 

The Supreme Court on Friday upheld the judgment of a Lagos High Court sentencing a man, Nonso Okeke to death for murder of one Chinwe Ofomatu on October 28, 2004. The Appeal Court in Lagos had earlier affirmed the judgment of a lower court.

Okeke was convicted by the Lagos High Court on April 13, 2010 for the offence of conspiracy to commit murder and murder of Ofomatu at her residence in House 18, A Close, Road 403, Festac Town. He was found guilty of the allegations, convicted and sentenced to death by the Court.

Specifically, Okeke was convicted and sentenced to death by the trial court for conspiracy and murder contrary to Sections 324 and 319(1) of the Criminal Code Act Cap 17, Laws of Lagos State, 2003.

Dissatisfied, Okeke approached the Court of Appeal in Lagos and asked that the judgment of the lower court be upturned.
But the appeal failed as the appellate court dismissed the application.    Again, Okeke took his case before the Supreme Court in Abuja and asked that the judgments of the lower courts be upturned.

While arguing the case before the apex court, the Lagos State Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem had urged the court to dismiss the appeal and uphold the judgments of the lower courts.

Kazeem, who was represented by the Lagos State Director of Public Prosecution, Mrs. Idowu Alakija and Mr Justin Jacobs had argued that the appeal was devoid of merit, and ought to be dismissed.

In its judgment, the apex court upheld the arguments canvassed by the State Government, and held that the appeal of Nonso Okeke lacked merit.

The court, in the lead judgment delivered by Justice Musa Dattijo Muhammed thereafter dismissed the appeal and upheld the decision of the lower courts.

PUNISHMENT AND ITS JUSTIFICATION IN OUR PRISON SYSTEM (NIGERIA AS CASE STUDY)

PUNISHMENT AND ITS JUSTIFICATION IN OUR PRISON (NIGERIA CASE STUDY)
Prison generally is a concept that means a place of short or long term confinement for those convicted of a serious crime (law breakers) whereas crime is an active or inactive act of violating the penal law. According to CLAIRE FINKELSTIN “punishment is justified because and to the extent that individuals have effectively consented to it and have derived benefit from the scheme of the cooperation that the institution of punishment makes possible”. To this end I therefore, suggest that punishment should be a vital factor for ensuring that all rules, regulations and laws are obeyed  STRICTO SENSU (completely) for  BONUM PUSLICUM (public good)  as an ingredient in our criminal justice system, TALIS QUALIS (such as it is)  “ there is no law without punishment”.

However, prisons and police cells should serve as deterrence to others, where individuals will be aware of a version of punishment attached to a crime that awaits any breach of the penal law. Using a single offender as an object of lesson to deter unlike what is obtainable in our prisons and police cells which is more the reason why inmates in Nigeria have outnumbered the amount of prisons we have in the system of the country. Bitterly to say prisoners meant to be corrected of their actus reus (guilty act)  as to serve a deterrence to individuals out there with similar mens rea, (guilty intent)  end up been castrated, dehumanize and brutalize to the peak. To this end, it is observable that our criminal justice system needs redress.

Section 34(1)(a) CFRN 1999 as amended 2011 states “No person shall be subjected to torture or to inhuman or degrading treatment”  and this has been the modus operandi in Nigeria sub nomine (under the name of) punishment declared by law. When  the law says labour not torture? As exception to human dignity. Moreso, the sin should be hated not the sinner as quoted by MAHATMA GANDHI ( crusader for liberty).
As such since the crucial essence of inflicting punishment is to reform the offender to refrain from committing any other crime in violation of the penal law and as well send an object lesson to deter individuals, prison warders  and authorities involved to make prisons rehabilitation zones as well as signal for sending deterrence to individuals.

See the case of The STATE vs. OKECHUKWU (1965) ENLR Pg 91 where a medical quack was sentence for 19yrs for the charge of manslaughter. NKEMENA J said “ these type of offence are very common nowadays and a deterrent punishment is called for in this case, ignorant person should not be allowed experiment with the life of others”.

In conclusion, the limit of sentence should be re-visited by the appropriate authorities sub modo (within limit) as to come about prisons devoid of more capacity to what it can actually accommodate, and inmates should be set free when their term of prison has been exhausted sublata causa tollitur effectus (the cause being removed, the effect ceases). However, dehumanization and castration of inmates should be stopped for committing a criminal act does not make one a captive of slavery, but a transgressor of the law under punishment according to law.

Hither is my humble submission as regard punishment and its justification in our prisons, open to any legal observation or correction.

NIGERIANS WITH PROPERTIES IN DUBAI - FORMER ATTORNEY GENERAL INCLUSIVE

The list according to sahara reporters include the underlisted names including former AGF.

1. Patience Jonathan, the former first lady, has been alleged to have three properties in Dubai and several businesses.
The former first lady, Patience Jonathan has have also been alleged to have three properties in Dubai and several businesses.

The former first lady, Patience Jonathan

2. A plush home linked to ex-governor Godswill Akpabio located in Dubai.
Godswill Akpabio

Senator Godswill Akpabio

3. Governor Ayodele Fayose of Ekiti state also owns a house in Dubai.
Governor Ayodele Fayose

Governor Ayodele Fayose

4. A former attorney general and minister of justice, Mohammed Bello Adoke, reportedly owns a house in Abu Dhabi.
Former Attorney General and Minister of Justice, Mohammed Bello Adoke owns a house in Abu Dhabi

Mohammed Bello Adoke, a former attorney general and minister of justice.

5. Ex-governor Babangida Aliyu of Niger state has a property linked to him in Dubai.
Former governor Babangida Aliyu

Former governor Babangida Aliyu

6. Two houses were found in Abu Dhabi owned by Bashir Yuguda, a former minister of state for finance who is now on trial.
Two houses found in Abu Dhabi owned by Bashir Yuguda a former Minister of State for Finance now on trial

Former minister of state for finance, Bashir Yuguda

7. Ex-comptroller-general of customs Abdullahi Dikko also linked with properties in Dubai. He has fled to the USA.
Ex-Comptroller-General of Customs Abdullahi Dikko also linked with properties in Dubai, has fled to the US

Abdullahi Dikko, an ex-comptroller-general of customs.

READ ALSO: 12 People Who Ruined PDP And Jonathan’s Administration

8. Ex-special assistant to former president Goodluck Jonathan, Dr. Waripamowei Dudafa, is linked with properties in Dubai.
Ex- Special Assistant Domestic to GEJ, Dr. Waripamowei Dudafa is linked with properties in Dubai

Dr Waripamowei Dudafa, an ex- special assistant, domestic, to GEJ.

9. Diezani Alison-Madueke, an ex-minister of petroleum resources, also has businesses linked to her in the UAE.
Ex-Minister of Petroleum Res. Diezani Alison-Madueke also has businesses linked to her in the UAE

Ex-minister of petroleum resourse. Diezani Alison-Madueke

10. Ex- NIMASA director general, Patrick Akpobolokemi, is now on trial for fraud/money laundering. He also believed to own properties in Dubai.
Ex- NIMASA DG, Patrick Akpobolokemi, now on trial for fraud /money laundering also own properties in Dubai

Ex- NIMASA DG Patrick Akpobolokemi

11. A spokesperson for the Peoples Democratic Party’s campaign organization, Femi Fani-Kayode, was included in the list of properties owners in Dubai.
Femi Fani-Kayode also has a property linked to him in Dubai

Femi Fani-Kayode also alleged to have had a property linked to him in Dubai.

12. A former PDP chairman, Adamu Muazu, found with properties in Dubai. Muazu is also ‘on the run’.
Ex-@PdpNigeria Chairman Adamu Muazu found with properties in Dubai, Muazu is also on the run.

A former PDP chairman Adamu Muazu

13. A former minister of transport Idris Umar also owns a property in Dubai. He is now hiding in the UAE.
Former Minister of Transport Idris Umar also owns a property in Dubai, now hiding in Dubai

A former minister of transport Idris Umar

14. A former minister of Niger Delta, Godsday Orubebe, also owns a property in Dubai.
Former Minister of Niger Delta, Godsday Orubebe also owns a property in Dubai

Godsday Orubebe, a former minister of Niger Delta.

15. Former Bauchi Governor Isa Yuguda has property in Abu Dhabi. He is currently hiding in Dubai.
Isa-Yuguda

A former governor of Bauchi state Isa Yuguda

CELEBRATING THE LIFE AND TIMES OF JUSTICE CHUKWUDIFU OPUTA (JSC) AS HE THEN WAS

HON JUSTICE CHUKWUDIFU OPUTA JSC

As we gradually approach the second anniversary of the demise of a distinguished legal personalities, the late JusticeChukwudifu Oputa  amidst pomp and pageantry that is due to such a man whose life remains a veritable source of inspiration to many generations yet unborn. It will be recalled that the eminent jurist called it a day here on the 11th of May 2014, after a protracted illness at a ripe age of 96, what many in eastern part of Nigeria, regard as a full age to be met with celebration. Chukwudifu, a renowned legal colossus, Economist, Historian, public Servant, administrator extraordinaire, Visionary statesman and the Socrates of
Nigerian legal history thanks to his knack for Logic and Philosophy in adjudications. His death, predictably elicited eulogies from Many Nigerians, especially for his honesty, wit and uncommon probity in the discharge of his duties as a legal officer both during the days of private practice and upon call to National service. Small wonder than why many in the legal circles referred to him as an “Incorruptible Judge”. Born on the 22nd of september, 1918 in Oguta, Imo State( the reason why he was fondly called by some, ‘Oputa from Oguta’) to the late Chief Izukwu Oputa and Madamme Nwanetu Oputa whom unknown to him at his birth would
all transcend to another dimension before hecelebrates his one year birthday, as his parents all died within a year of his birth. After that sad episode of his life, the little Oputa would be brought up by his grandmother, Nee Ogonim Enesha, a trader with the then Royal Niger Company. He had his early education at Sacred
Hearts school, Oguta from 1930-1936 and later on at the famous Christ the King College (CKC) Onitsha from 1937-1940. After that, the young Oputa. Went to Yaba Higher College, but due to their exigencies of World War (II), he was sent along with others to the then Achimota College, Ghana, then Gold Coast,  where he bagged a degree in Economics in 1945. He later proceeded to the University of London where he would later graduate with a Bachelor of Arts in History. The young Chukwudifu, obviously not satisfied with
his academic expedition, later moved on to study Law in England and by June, 1953, that humble effort was crowned with success as he was conferred with an LL.B Hons. Degree. Having bagged a degree in Law, it appeared the stage was set for him to take his generation by the storm. He did. He was called to the English Bar- Garys Inn London on the 26th of Nov. 1953. With his basket of academic degrees literally filled,
the saturated Oputa travelled back home-Nigeria to apparently lend his quota to the development of mother land with all he has been able to garner in Education and experiences from near and wide. He went into a brilliant and successful practice that saw him travel across the country and even to Cameroon but with the exception of the North, which at that time, had quite a peculiar legal system. His practising years, had him handle high profile cases such as the controversial Oguta Chieftaincy Title dispute in 1958/1959, the Amayenabo dispute of 1960 to mention but a few. In 1966, Justice Oputa was appointed a judge of the then
High Court of Eastern Nigeria in a dramatic circumstance from where he moved on to become the first Chief Judge of the Imo State High Court a decade later. Despite all the accolades that came his way after what thus far appeared to be a successful practice, little did Oputa know that the best was yet to come. In 1984, the great elevation came-The exalted position of the Honorable Justice of the Supreme Court of Nigeria. Like in all of his previous assignments, it did not take long before he put a stamp on the S.C as a man moved by Classical Literature, History, divinity and Philosophy. All of which he brought to bear sitting in Chambers at the apex court. No wonder why all his judgments were draped in philosophical robes that is the exclusive preserve of a genius and hence the reason why the then Chief Justice of Nigeria, Justice Mohammed Bello nicknamed him Cicero, after the great Roman philosopher, Lawyer and thinker. He bagged a sea of awards both at home and abroad as a result of his stellar performance and outstanding personality. He later went on to head the panel that probed Human Rights Violations during 15 years of Military era in 1999 at the instance of former president Olusegun Obasanjo. An exercise which was popularised by the media as the ‘Oputa
Panel’ and also one in which he believed was a success. In an interview granted to news men, he said, “……The Human Rights commission was like an exercise to bare ourselves out and see how deficient and unclad we are. To more or less, appeal from the inside to our soul. It was set up to enable us to evaluate our ugly past and to create a purposeful future. I think it worked for us….”. Reacting to posers put to him
as to why his ‘controversial’ son, Charlse Oputa (Charly Boy) refused to study Law against his wish, the man said,…..”I practised as a Lawyer, I had and still have a very big Library at home. You will want somebody to take over from you. When we couldn’t get him to do Law, we had to let him do what he wanted to do if it was going to make him happy”. In what appeared to be a testimony of love for his son, against the impression the media created, he once said in an interview, “…..Point of correction, Charlyboy
is not my son. I think Charlyboy is a character. I don’t have any child as Charlyboy. I have Charlse Oputa. I don’t allow Charlyboy into my house, but I have a caring and loving son called Charlse. Vintage Oputa! With his philosophical maverick indeed. As the man is reconciled with mother earth, in view of his uncommon
patriotism and achievement, we urge the Federal Government to immortalise the man even though his name apparently will ever remain green in the annals of history. We acknowledge a great loss that marks the end of an era. (1918-2014)

STYLISH NIGERIAN LAWYERS (PHOTO)

The legal profession in Nigeria is not out of the changes envisaged by the current administration of President Buhari. With increase number of failing students at the Nigerian Law School and discrimination meted out law graduates of the National Open University, one therefore wonders the future of the legal profession in the Nigerian legal industry. Nevertheless, to add some spices to the conservative profession, these lawyers made a posture which was made pubic via the social media. The legal profession globally is seen as conservative and full of ethical conducts and rules prescribed for ascribing and practicing legal professionals in the country. In the nearest future, and with the current war against corruption, it is opined that sanity will be brought to the professional soonest.

COURT ADJOURNS OLISA METUH'S RULING, SAYS MATTER UNRIPE FOR HEARING

The Federal High Court, Abuja, has deferred its ruling on the application brought by the spokesperson of the Peoples Democratic Party , Olisa Metuh, for the enforcement of his fundamental human rights.
Mr. Metuh had approached the court to protest the alleged abuse of his fundamental human rights by various federal agencies in the ongoing case of alleged fraud and money laundering levelled against him.
Mr. Metuh is facing a seven-count charge of money laundering brought against him by the Economic and Financial Crimes Commission.
The application, which was against the Attorney General of the Federation (first respondent), the EFCC, (second respondent), the Independent Corrupt Practices and other Related Offences Commission, tThird Respondents), the Inspector General of Police, (fourth respondent), and Nigeria Immigration Service, (fifth respondent) sought to ensure the enforcement of Mr. Metuh fundamental human rights, alleged to have been breached.
Mr. Metuh’s counsel, Olagoke Fakunle, prayed the court make an order compelling the respondents to stay all actions that might negate his client’s interest.
But counsel to the second respondent, Cosmos Ugu, prayed the court to refuse the application, stressing that the time for its hearing was not yet due, since the respondents were still within time to file their reply briefs.
Justice Okon Abang agreed with Mr. Ugwu and ruled that the matter was not ripe for hearing.
He added that the order requested by Mr. Fakunle based on order four rule two of the rights rule could not be allowed in the interim, but that since all parties to the case were present when the matter was raised by Metuh’s counsel, he (Mr. Abang) would follow up and act accordingly if he becomes aware of any abuse of Mr. Metuh’s rights.
He adjourned the case to January 25.

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