CORAM

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UWANI MUSA ABBA AJI

CHRISTOPHER M. CHUKWUMA-ENEH(Lead Judgment), JUSTICE SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI, JUSTICE, SUPREME COURT.

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PARTIES

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AKIBU HASSAN APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

At the High Court, the appellant was, along with Wahabi Adisa and Saka Adekunle, charged with murder. On the second count, the appellant, along with Wahabi Adisa, Saka Adekunle and Rasaki Layiwola, was charged with assault occasioning harm. The trial judge found only the appellant guilty of murder on count 1 and sentenced him to death. On the second count, the trial judge also found only the appellant guilty of lesser offence of ordinary assault. The three other accused persons were acquitted and discharged on both counts. The appellant’s appeal to the Court of Appeal was dismissed. He further appealed to the Supreme Court.

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HELD

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The appeal was dismissed

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ISSUES

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1. Is the Court of Appeal (lower court) in error by believing the contents of Exhibits I and II thereby affirming the conviction and sentence of the appellant by the trial court. 2. Whether the Court of Appeal was right to have affirmed the appellant’s conviction for lesser offence of ordinary assault.3. Whether the identity of the appellant was in doubt.?

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RATIONES DECIDENDI

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WHAT COULD BECOME A CONFESSIONAL STATEMENT

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“Once an accused person makes a statement under caution, admitting the charge or creating the impression that he committed the offence with which he is charged, the statement becomes confessional. An accused can therefore be convicted on his confession alone regardless of the fact that he resiled therefrom or retracted it altogether at the trial.” Per ALOYSIUS IYORGYER KATSINA, JSC

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AN ACCUSED PERSON CAN BE CONVICTED OF HIS OWN CONFESSION

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“A statement made to the police during the investigation of a case may amount to admission where an accused confessed the commission of a crime, where there are no eyewitnesses: of the killing, he can be convicted on his own confession, once the confession is positive, direct and properly proved.” Per ALOYSIUS IYORGYER KATSINA, JSC

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THE RETRACTION OF A CONFESSIONAL STATEMENT

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“The retraction notwithstanding a confessional statement must be considered along with other evidence by the trial judge who at the end would decide whether or not the appellant did make the statement alleged by the police.” Per ALOYSIUS IYORGYER KATSINA, JSC

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CASES CITED

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Achabna v. The State (1976) 12 S.C 63 Oboso v. The State (1969) 1 N.M.L.R. 204.John Bamgboye v. A-G. Western Nigeria (1966) NWLR 266R. V. Sykes (1913) 8 Cr. App. p.233 at 236-237Yesufu v. The State (1975) 6 SC. 167

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STATUTES REFERRED TO

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None

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