CORAM
OGBUAGU JUSTICE, SUPREME COURT
CHUKWUMA-ENEH JUSTICE, SUPREME COURT
PARTIES
1. DANIEL NSOFOR2. ETHELBERT ALAEGBU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st appellant objected to the admissibility of his confessional statement on the ground he did not make it while the 2nd appellant objected on the ground that he was forced to make it. Both of them were convicted of the murder of the deceased on the basis of the statements.
HELD
The court held that the 1st appellant’s statement was admissible and that his conviction was justified but that a trial within trial ought to have been conducted with respect to the 2nd appellant and therefore discharged and acqu
ISSUES
1. Whether the confessional statements upon which the appellants were convicted were proved to have been made voluntarily. 2. Whether there was any credible evidence outside exhibits A and E linking the appellants to the scene of the crime and with the crime to justify their conviction. 3. Whether the Court of Appeal was right in the circumstances in convicting the appellants on the strength of their alleged confessions.
RATIONES DECIDENDI
CASES CITED
1. R V. Ajani & Ors. (1936) 3 W.A.C.A. 32. Queen V. Obiasi (1962) 1 AII N.L.R. 651; 3. Saidu V. State (1982) 4 S.C.41;4. Reg. V. Chartwood (1980) 1 W.L.R 874,.5. James Obi Achabua V. The State (1976) 12 SC 63 at 68 6. Jimoh Yesufu V. State (1976) 6 S.C. 167 at 17
STATUTES REFERRED TO
The Evidence Act.