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EYANG EDIM VS THE STATE

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EYANG EDIM VS THE STATE

Legalpedia Citation: (1972) Legalpedia (SC) 11175

In the Supreme Court of Nigeria

Fri Apr 28, 1972

Suit Number: SC. 199/1971

CORAM


ELIAS CHIEF JUSTICE, NIGERIA

Y.O. ADIO JUSTICE, JUSTICE SUPREME COURT

IKECHI FRANCIS OGBUAGU (Lead Judgment) JUSTICE, SUPREME COURT.


PARTIES


EYANG EDIM APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellant after drinking palm wine with Eme Anthony Okori, the deceased, and others went with Eme to hire a canoe. They packed Okasi leaves into the canoe which they rowed towards Oferekpe and landed opposite Ogurukpon where he the Appellant cut the deceased twice on the head. When the deceased did not die, he threw him into the water with the okasi leaves.


HELD


The Court dismissed the appeal.


ISSUES


None


RATIONES DECIDENDI


EFFECT OF VOLUNTARY CONFESSION


“When confession is truly made and voluntary it is enough to found a conviction.”


VOLUNTARY CONFESSION


“Corroboration by an eye witness cannot be obtained in all cases of murder. A voluntary confession of guilt, if it is fully consistent and probable, is justly regarded as evidence of the highest and most satisfactory nature wherever there is independent proof that a criminal act has been committed by someone.” ELIAS, CJN.


CASES CITED


1. Kanu v. The King (1952) 14 WACA 30

2. R.v.Agagariga (1961) All NLR 462.

3. Ogundipe & Ors. v. The Queen (1954) XIV WACA 458.


STATUTES REFERRED TO


Criminal Procedure Law (Cap. 31 of the 1963 Edition of the Laws of Eastern Nigeria)


CLICK HERE TO READ FULL JUDGMENT

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