CRIMINAL LAW AND PROCEDURE – DEFENCE(S) OF ACCUSED PERSON(S)- Duty of court to consider all defences available to an accused person; Instance where same will not arise

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“With regard to the issue of the trial Court’s non-consideration of the defences before it, as alleged by learned counsel for the appellant, I will invite Obaseki, JSC, to respond. In Nwuzoke v The State (1988) 1 NSCC 361, His Lordship explained that: The adjudication process in this our adversarial system of administration of justice demands that every defence available to the accused (person) on the evidence and facts before the Court must be considered by the Court. To refrain from a consideration of the defence because it is considered weak, far-fetched, foolish, conflicting, unfounded and false is to err seriously in the discharge of one’s duty as a Judge. Where there is no evidence to warrant consideration of the defence, the trial Judge has no duty to consider the defence. It is not the duty of the Judge to scout round for defences where there are none and where the evidence does not suggest one see. R. v. Kwabena Bio (1945) 11 W.A.C.A. 46, 48. (ltalics supplied for emphasis) True, indeed, where there is no such evidence, as in the instant case, the Court is not allowed to speculate or to act within the realms of conjecture, Ekpenyong v The State (1993) 5 NWLR (pt 295) 513.” Per CHIMA CENTUS NWEZE, JSC in AKINKUNMI v. STATE (2022-LCER-46533-SC) (Pp 11 – 12; Paras D – D)

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