EZEKIEL UKACHI V. THE STATE

APPEAL NO : CA/YL/135C/2017
LEGALPEDIA ELECTRONIC CITATION: LER[2019]CA/YL/135C/2017

AREAS OF LAW:
APPEAL, CRIMINAL LAW AND PROCEDURE, LAW OF EVIDENCE, PRACTICE AND PROCEDURE, WORDS AND PHRASES

SUMMARY OF FACTS
The Appellant as an accused person was arraigned before the High Court of Justice, sitting in Jalingo, Taraba State, on a two count charge of Criminal Conspiracy and Armed Robbery contrary to Sections 6 (b) and 12 (2) (a) of the Robbery and Fire Arms (Special Provisions) Act 2004. In proof of its case, the prosecution called 15 witnesses and tendered 9 exhibits. The Appellant testified for his defence. The learned trial judge found the Appellant guilty of the offences and sentenced him to 10 years imprisonment for the offence of Criminal Conspiracy and death by hanging for the offence of Armed Robbery. Dissatisfied with the judgment of the trial court, the Appellant has filed a Notice of Appeal.
HELD:
Appeal Dismissed

ISSUES FOR DETERMINATION
 Whether the confessional statement of the Appellant satisfies the test for a valid confessional statement upon which the trial court relied on in convicting the Appellant

 Whether the evidence of the prosecution witnesses and the exhibits tendered proved the offences of Criminal Conspiracy and Armed Robbery contrary to Sections 6 (b) and 1 (2) (a & b) of the Robbery and Fire Arms (Special Provisions) Act 2004 beyond reasonable doubt against the Appellant or not
RATIONES
CRIMINAL LAW AND PROCEDURE, LAW OF EVIDENCE, PRACTICE AND PROCEDURE
CONFESSIONAL STATEMENT- EVIDENTIAL VALUE OF A VOLUNTARY CONFESSIONAL STATEMENT
“It is the settled law that a Confessional Statement which has been proved to have been voluntarily made by an accused person is a relevant fact against him at the trial. A confession therefore is the strongest evidence that can be led against an accused person. If such statement has been duly proved and admitted, it may alone, in some cases, be sufficient to warrant convicting an accused person on it. A confessional statement made by an accused person and properly admitted in evidence is in law the best guide to the truth of the involvement of the accused in the offence charged. In Adebayo V. State (2014) LPELR 22988 (SC), Ariwoola JSC held that:-
“On the confession of the accused person this court Held that evidential value of a confession of truth is very great indeed. It is very sought after by the police investigators and prosecutors. It lightens the burden of prosecution by dispensing with the need to call a host of witnesses. A confession can support a conviction if proved to be made and true. The law is trite on the point that a man may be convicted on his own confession alone and there is no law against it. See Akeem Agboola V. The State (2013) LPELR 20652 (SC).”
-PER A.M. BAYERO J.C.A
LAW OF EVIDENCE, PRACTICE AND PROCEDURE
EVALUATION OF EVIDENCE -ATTITUDE OF AN APPELLATE COURT TO THE EVALUATION OF EVIDENCE BY A TRIAL COURT
“Furthermore, the lower court has evaluated very well the evidence led before it; ascribing the probative value to it. It trite that in such scenario the Appellate Court cannot interfere with such findings and conclusions of a trial court. -PER A.M. BAYERO J.C.A

STATUTES REFFERED TO:
Evidence Act
Robbery and Fire Arms (Special Provisions) Act 2004