INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS. V. JAMES INIAMA & ORS.
May 30, 2025NIGERIA NAVY & 2 ORS V LT. COMMANDER S.A. IBE LAMBERT
May 30, 2025Legalpedia Citation: (2007-10) Legalpedia 06138 (SC)
In the Supreme Court of Nigeria
Abuja
Fri Oct 5, 2007
Suit Number: SC.245/2005
CORAM
ONU JUSTICE, SUPREME COURT
PARTIES
ABUBAKAR DAN SHALLA
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW AND PROCEDURE – MURDER CHARGE – CONFESSION OF GUILT THEREIN
SUMMARY OF FACTS
Following a rumour that the deceased, Abdullahi Alhaji Umaru, insulted the Holy Prophet Mohammed, the appellant killed the deceased with a knife after a mob had beaten the deceased up; and admitted this in his extra-judicial statement to the police.
HELD
The court held that the Court of Appeal was right in confirming the conviction and sentence of the Appellant by the trial Court
ISSUES
1. Whether the learned Justices of the Court of Appeal ought to confirm the conviction and sentence of the appellant by the trial court.
2. Whether the learned Justices of the Court of Appeal were right in raising the issue of defences of justification and provocation without affording the parties the right to be heard on the said issue.
RATIONES DECIDENDI
VOLUNTARY CONFESSION
‘A voluntary confession of guilt, if it be fully consistent and probable, is justly regarded as evidence of the highest and most satisfactory whenever there is independent proof that a criminal act has been committed by someone’ per Oguntade JSC
CASES CITED
1. Kanu v. The State (1952) 14 WACA 30
2. Ekpenyong v. The State (1991) 6 NWLR (Pt.200) page 683, 704
3. Udofia v. D.P.P. (1955) 15 WACA 73
4. Nwuzoke v. The State (1988) 1 NWLR (Pt.72) 529
5. Asanya v. State (1991) 3 NWLR (Pt. 180) 442
STATUTES REFERRED TO
1. Penal Code
2. Court of Appeal Rules 2002
