“We are in agreement with Counsel that it is the duty of the Judge, under the law, to pronounce the manner in which the sentence was to be carried out, and failure to do so might raise an apprehension that the execution could be carried out by any other means, as for example by poisoning, drowning or any other means; but as it is clear that the only mode of execution known to our law is by hanging by the neck till the convict is dead, we are unable to accept that any other mode of execution was contemplated by the Judge.”
Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC in GANO V. THE STATE (1968) LCER-480(SC) (P. 2, Paras D – D)
See Also:
- COURT - DUTY OF COURT - Duty of the trial court to assess credibility of witnesses:
"It is the duty of the trial judge to assess the credibility of the witnesses." Per RHODES-VIVOUR, J.S.C. in ABU MOHAMMED v. THE STATE (2020-LCER-39171-SC) at p. 10
- COURT - DUTY OF COURT - Duty of court to consider all the possible defences open to an accused person
"The position of the law is settled that it is an essential principle of criminal trial that the Court should consider any defence to which an accused person is, on…
- COURT - DUTY OF COURT - Duty of Court to be consistent in its findings
"The trial Court, like the parties before it, is expected and enjoined to be consistent. It cannot, in one breath reject a piece or pieces of evidence and turn round…