CORAM

ALOYSIUS IYORGYER KATSINA-ALU, JUSTICE ,SUPREME COURT

ADESOLA GEORGE OGUNTADE, (Lead Judgment) JUSTICE, SUPREME COURT

PARTIES

1. DOTUN FATILEWA APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was the 2nd of two accused persons who were arraigned for the offence of culpable homicide. The Appellant’s co-accused had ‘confessed’ to killing his father and explained how it was carried out by himself and the Appellant, the trial court in its judgment found the Appellant guilty as charged and accordingly sentenced him to death. An unsuccessful appeal at the Appeal Court led to this appeal.

HELD

Appeal allowed. The Supreme Court held that the Court of Appeal was wrong to have affirmed the conviction of the appellant having declared the confessional statement by the co-accused against appellant inadmissible.

ISSUES

1. Whether the Honourable Court of Appeal having expunged exhibit ‘E’ the purported confessional statement, was right to have relied on any other evidence particularly the PW5’s evidence to affirm the conviction and sentencing of t

RATIONES DECIDENDI

CASES CITED

R. v. Ajani & Ors. [1936] 3 W.A.C.A., 3 at 4

STATUTES REFERRED TO

None

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