CORAM

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UWANI MUSA ABBA AJI

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT

IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT

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PARTIES

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1 SUNDAY AMALA APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellant was convicted on the basis of his confessional statement and the circumstantial evidence given at trial.

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HELD

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The court (Pats Acholonu dissenting) held that the conviction was justified and that the defences raised by the appellant did not avail him.

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ISSUES

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1. Whether there was proof beyond reasonable doubt that the appellant murdered the deceased.
2. Whether the Defences of Self Defence and Provocation were adequately considered and did not avail the appellant.

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RATIONES DECIDENDI

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CASES CITED

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ADMISSIBILITY OF EXTRA-JUDICIAL STATEMENTS
‘It is settled law that the extra-judicial statements made by a prisoner are admissible in evidence at the trial of the prisoner, and if it is evident that they were made voluntarily by the prisoner, such evidence become admissible against him.’ Per Ejiwunmi J.S.C

EFFECT OF FAILURE TO RECORD AN ACCUSSED PLEA
‘It would be preferable for the trial Judge to record the plea of each of the two accused persons separately in the direct speech. However, failure to do this cannot be fatal to their plea so long as the charge was read over and explained to them, whether jointly or separately, and they both understood the same and each of them individually entered his plea thereto.’ Per Ejiwunmi J.S.C

WHEN CIRCUMSTANTIAL EVIDENCE CAN GROUND CONVICTION
‘Where strong circumstantial evidence is led against an accused person in a criminal trial and this gives rise to the drawing of a presumption or inference irresistibly warranted by such evidence, the trial court will not hesitate to draw such a presumption or inference so long as it is so cogent and compelling as to convince the jury that on no rational hypothesis other than the inference can the facts be accounted for.’ Per Ejiwunmi J.S.C

CASES MENTIONED
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12
1. Cyril Udeh V. The State (1999) 7 NWLR (pt. 609)
2. Yisau V. State, 1995 (pt. 379) 636 at 644;
3. Gulwat V. State (1994) 2 NWLR (pt.327) 435
4. Nwankwo V. The State (1990) 2 N.W.L.R. (part 134) 527
5. Ogunye V. The State (1999) 5 N.W.L.R. (Part 604) 548
6. Okoro V. State (1988) 5 NWLR (pt. 94) 255

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STATUTES REFERRED TO

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The Criminal Procedure Act

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