EMMANUEL EKE V. THE STATE

SUBJECT MATTER:

Criminal Law: Armed robbery; essential ingredient of same.

Alibi: Duty of the accused person to furnish particulars of same.

Evidence:

Confessional statements: The test for admissibility of a confessional statement.

Witness’ testimony: Effect where contradictory.

Conviction: when the court can convict upon the evidence of one witness.

Practice and Procedure:

Trial-within-trial: When it should be conducted-Failure to do so.

Burden of proof: Proof beyond reasonable doubt is not proof beyond all iota of doubt.

When admissibility of a statement is challenged on the ground that it was not made voluntarily, it is incumbent on the judge to call upon the prosecutor to establish that it was voluntarily made by conducting a trial-within-trial. Such a procedural step must be taken at the point when the objection is raised

–          per Mohammed J.S.C

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PRINCE ABDUL RASHEED ADESUPO ADETONA & 2 ORS V. IGELE GENERAL ENTERPRISES LTD

FACTS:

The 1st Appellant was appointed as Receiver/ Manager of the 2nd Appellant by the 3rd Appellant .In exercise of its power as Receiver/Manager the 1st appellant sealed up a building forming part of the assets of the 2nd Appellant. The Respondent’s office in the said building was also sealed-up. The Respondent approached the Lagos  State High Court for remedy but the appellant argued that, since the powers of a Receiver/Manager  were granted by the Companies and Allied Matters Act , only the Federal High Court  can exercise jurisdiction on the matter. The State High Court assumed jurisdiction on the grounds that the sealing-up of the Respondent’s office was unlawful. Both the Court of Appeal and the Supreme Court affirmed the position of the State High Court and the matter was remitted to it for expeditious trial.

SUBJECT MATTER:

Jurisdiction :In considering whether a court has jurisdiction to enter the subject matter of a suit the writ of summons and statement of claim must be carefully  examined and considered.

Powers of a Receiver/Manager: The powers vested in a Receiver/Manager cannot be exercised on a person not under receivership.

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