CRIMINAL LAW — Defences — Duty of Court to Consider Available Defences
Ratio Decidendi
Per Oguntade, JSC, in Shalla v. State (2007) NLC-123-245-2004(SC) at p. 9; Paras D–E:
"No court is bound to speculate on what possible defences can be open to a person accused before it but where in a trial for homicide, the evidence suggests a line of defence, it is the duty of the court to consider and deal with that defence whether or not the accused or his counsel expressly raised that defence by the legal terminology ascribed to it by lawyers."
Explanation / Scope
The duty of the court in criminal trials is to ensure justice, not merely to adjudicate on technical pleas. While courts are not required to invent defences for an accused, they must be alive to the evidence presented. If the facts disclose a possible defence—such as provocation, self-defence, accident, or diminished responsibility—the court must evaluate it, even if the accused did not label it in legal terms. This is especially critical in homicide cases where the accused may be unrepresented or unfamiliar with legal nomenclature. The court must consider the substance of the defence, not the form in which it is presented. Failure to do so constitutes an error of law that can render the conviction unsafe.