MR. MUFUTAU AKINPELU V EBUNOLA ADEGBORE
May 30, 2025MRS. O. ADEKOYA V FEDERAL HOUSING AUTHORITY
May 30, 2025Legalpedia Citation: (2008-04) Legalpedia (SC) 11115
In the Supreme Court of Nigeria
Fri Apr 25, 2008
Suit Number: SC.242/2004
CORAM
UDOMA JUSTICE SUPREME COURT
SOWEMIMO JUSTICE SUPREME COURT
SYLVESTER UMARU ONU,, JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU,, JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE SUPREME COURT
PARTIES
ABDULLAHI ADA. APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was arraigned for causing the death of the Deceased along with other five accused persons contrary to Sections 97 and 221 (a) of the Penal Code. At the trial court which convicted and sentencing them to death their counsel rested, his case on the prosecutions, his appeal to court of appeal was dismissed and he further appeal to the supreme court.
HELD
The Supreme Court held that the court of Appeal was correct in law when it affirmed the conviction and sentence of the Appellant.
ISSUES
1. Whether or not the Court of Appeal was correct in law when it confirmed the conviction and sentence of the Appellant despite the fact that the trial court failed to consider and examine the defences open to the Appellant on the record before convicting the Appellant as charged?
2. Whether or not an Accused person is under a legal obligation to call evidence in support of the defences open to him on the record or pinpoint the element constituting the defences before he is entitled to a consideration of the defences by the trial court.?
RATIONES DECIDENDI
CONVICTION BASED ON CONFESSION
A court can convict based on the confessional statement of an accused person made voluntarily and which is direct, positive, true and unequivocal and made out of conscience of the necessity to uphold the truth even in the face of death. Per. I.F. OGBUAGU, JSC
IN A TRIAL FOR MURDER, ALL DEFENCES MUST BE CONSIDERED
I am aware of and this is settled, of the duty of the court to consider all defences raised by evidence in the Records even if the defence does not specifically raise them regardless of whether the defences are weak or stupid. Per. I.F. OGBUAGU, JSC
WHEN AN ACCUSED PERSON RESTS HIS CASE ON THAT OF THE PROSECUTION-EFFECT OF
Where an accused person rests his case on that of the prosecution, the evidence of the prosecution which has not been controverted by the accused person is deemed to have been accepted or admitted by such an accused person. Such evidence being unchallenged and uncontroverted, a trial court has a duty and in fact, is entitled to act on it where credible. Per. I.F. OGBUAGU, JSC.
CASES CITED
1. Major Bello M. Magaji & The Nigerian Army dated 7th February, 2008 (unreported), 2. Oforlete v. The State (2000) 7 SCNJ. 162 at 179, 183,184 3. Ubani & 2 ors. v. The State (2003) 12 SCNJ. 111 at 130, (2003) 12 SCM, 3104. Ali & anor. v. The State (1988) 1 NWLR (Pt.68) 1 at 18, (1988) l SCNJ. 17;
STATUTES REFERRED TO
None
