SUNDAY MODUPE V. THE STATE
CITATION: (1988) LPELR-SC.109/1987

In The Supreme Court of Nigeria
On Friday, the 16th day of September, 1988

Suit No: SC.109/1987
Before Their Lordships
KAYODE ESO
ADOLPHUS GODWIN KARIBI-WHYTE
CHUKWUDIFU AKUNNE OPUTA
ABDUL GANIYU OLATUNJI AGBAJE
EBENEZER BABASANYA CRAIG

....... Justice
....... Justice
....... Justice
....... Justice
....... Justice

of
of
of
of
of

the
the
the
the
the

Supreme
Supreme
Supreme
Supreme
Supreme

Between
SUNDAY MODUPE

Appellants
And

THE STATE

Respondents

RATIO DECIDENDI
1

APPEAL - ISSUES FOR DETERMINATION: From where does issues for
determination arise?
"Issues for Determination in any appeal must be issues arising from the grounds
of appeal filed". Per Oputa, JSC. (P.11, Para. G) - read in context

2

COURT - DUTY OF COURT: duty of trial court when faced with conflicting
versions of an essential fact
"Normally a trial Court that had the opportunity of seeing the witnesses, hearing
them and watching their demeanour enjoys the special privilege of believing or
disbelieving their evidence. But belief or disbelief becomes an issue when and

Court
Court
Court
Court
Court

Select target paragraph3