BABAN GIDA & ORS VS MOHAMMED SANI
April 2, 2025UKO IKONO V THE STATE
April 2, 2025Legalpedia Citation: (2022-04) Legalpedia 73543 (SC)
In the Supreme Court of Nigeria
Abuja
Tue Feb 11, 2020
Suit Number: SC 243/1971
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
IN RE: AGHORO EJENAVWO
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – MURDER – LAW OF EVIDENCE
SUMMARY OF FACTS
The accused persons, one of whom was the appellant, Aghoghvbia Tebu (later deceased) into the house of one Avwekerho Eruteya and in the presence of a large number of people demanded of him their gun which they alleged Aghoghovbia Tebu had stolen. The accused persons were dressed in Army uniform. The 1st accused, now appellant, stated that if the gun was not returned they would kill Aghoghovbia Tebu. After that, the deceased was killed.
HELD
The Court dismissed the appeal.
ISSUES
1. Whether the learned trial Judge misdirected himself in law on the voluntariness of the alleged confessional statement of the appellant by looking for corroboration in the evidence of the prosecution and thereby erred in the application of R. v. Kanu 14 WACA.30
RATIONES DECIDENDI
VOLUNTARINESS OF A CONFESSIONAL STATEMENT
CASES CITED
R. v. Kanu (1952) 14 WACA 30
STATUTES REFERRED TO
None.
