BENJAMIN OYAKHERE VS STATE

CORAM

PARTIES

BENJAMIN OYKHERE APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant and two others were constables attached to the Mobile Unit of the Nigeria Police Force and were convicted on counts of Culpable Homicide, Armed Robbery, Mischief by Fire and Criminal Conspiracy.

HELD

The Court held that the amended 2nd charge was complete and that the charges against the appellant were proved beyond reasonable doubt

ISSUES

1. Whether the charges against the Appellant were proved beyond reasonable doubt to warrant a conviction and its affirmation by lower court. 2. Whether the lower court treated the evidence of the co-accused correctly before affirming the conviction of the Appellant by the lower court.

RATIONES DECIDENDI

EVIDENCE OF ACCUSED AGAINST CO-ACCUSED-ATTITUDE OF COURT

While the court is expected to regard such evidence of an accused against a co-accused with circumspection, the law does not impose a duty on it to warn itself before convicting on it. Per F.F. TABAI, JSC

APPEAL AS OF RIGHT

An appeal shall lie from the decisions of the Court of Appeal to the Supreme Court as of right in cases:
(a) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceeding before the Court of Appeal;
(b) decisions in any criminal procee-dings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other court. Per F.F. TABAI, JSC

STATEMENT MADE BY THE ACCUSED TO THE POLICE-STATUS OF

The settled principle is that a statement made by an accused person to the police may amount to an admission of the offence for which he is charged and such a statement and the facts admitted therein are admissible only against the maker of the statement and not against a co-accused. But where the accused goes into the witness box and repeats, on oath, the contents of his statement to the police, they become evidence for all purposes, admissible in law and can be acted upon by the court against a co-accused. Per F.F. TABAI, JSC

CASES CITED

1. Akanbi Enitan & Ors V. The State (1986) 3 NWLR (Part 30) 604 2. Ali Finder Kwajaffa & Ors V. Bank of The North Ltd (2004) 5 SCNJ 121, (2004) 6 SCM, 1 3. Asimiyu Alarape & Ors V. The State (2001) 5 NWLR (Part 705) 79 4. Benson Obiakor & Anor V. The State (2002) 10 NWLR (Part 776) 612, (2001) 10 SCM, 117