CORAM

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John Inyang Okoro JSC

Uwani Musa Abba Aji JSC

Mohammed Lawal Garba JSC

Tijjani Abubakar JSC

Emmanuel Akomaye AgimJSC

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PARTIES

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IDOWU AMUSA

APPELLANTS 

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THE STATE

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, CRIMINAL LAW AND PROCEDURE, PRACTICE AND PROCEDURE, EVIDENCE

 

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SUMMARY OF FACTS

The Appellant, with his co-accused and others at large, robbed the couple, PW1 and PW2 (Dr. Olukayode Adelaja and wife, Maria Adelaja), on 18/11/2007 at their residence at Awolowo Road, Odogbolu, while they were watching the 7:00 news. PW3 recognized the appellant and his co-accused at the police station. The appellant was convicted and sentenced to death.

His appeal to the Court of Appeal was dismissed, and dissatisfied, he made this appeal to the Supreme Court.

 

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HELD

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Appeal Dismissed

 

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ISSUES

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1. Whether the lower Court was wrong in affirming the conviction of the Appellant for conspiracy to commit armed robbery and armed robber.

 

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RATIONES DECIDENDI

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RETRACTED CONFESSIONAL STATEMENT – CONDUCT OF COURTS

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It must be restated that the confessional statement of an accused person, where the same is found to be voluntary and unequivocal, provides the best evidence of the person’s guilt. Resiling from the statement does not make it unreliable. The Court can still admit and convict on a retracted confession if satisfied that the statement was indeed made by the accused person and the circumstances under which the statement was made guarantee the credibility of the content of the confessional statement. This Court has, as part of the very principle, insisted that before the trial Court convicts purely on the basis of a retracted confessional statement, it ensures that some corroborative evidence outside the confession abides, making the truth in the content of the retracted confession probable. See Per MUHAMMAD, JSC in MOHAMMED V. STATE (2014) LPELR-22916(SC) (PP. 54-55 PARAS. E), and Per OGUNWUMIJU, JSC in YELLI V. STATE (2022) LPELR-57865(SC) (PP. 42-43 PARAS. F). – U. M. Abba Aji, JSC

 

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EVIDENCE – WHEN IDENTIFICATION PARADE IS NOT NECESSARY

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Where the accused person is linked to the commission of the offence by convincing, cogent, and compelling evidence, an identification parade would cease to be a relevant fact. See ATTAH V. THE STATE (2010) 10 NWLR (PT. 1201) 190 AT 200, and Per MOHAMMED, JSC, in AFOLABI V. STATE (2013) LPELR-20700(SC) (PP. 20- 21 PARAS. F). – U. M. Abba Aji, JSC

 

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EVIDENCE – DIRECT EVIDENCE

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Additionally, where there is direct evidence against an accused person that is sufficient and enough to nail him, as in the present case, the consideration of other defenses like alibi is a waste of time. In fact, the evidence against the Appellant is overwhelming that he cannot wriggle out from or exculpate himself.- U. M. Abba Aji, JSC

 

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EVIDENCE – RETRACTED CONFESSIONAL STATEMENT – WHEN TO USE FOR CONVICTION

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The position of the law is well established that an accused person can be convicted based on a confessional statement despite the fact that such confession is retracted during trial. However, it is desirable that there should be evidence outside the said confessional statement to make it probable. See Bassey vs. The State (2012) LPELR – 7813 (SC), Kareem vs. The State (2002) FWLR (Pt.125) 796, Akinmoju vs. The State (2000)6 NWLR (Pt.662) 608.- Per J. I. Okoro, JSC

 

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CASES CITED

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STATUTES REFERRED TO

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1. Evidence Act

 

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