CORAM

PARTIES

FABIAN IMOH APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was charged under section 233 of the Penal Code for knowingly causing the death of a pregnant victim when with the intention of inducing a miscarriage he injected her. He pleaded not guilty to the charge and the prosecution through its lone witness tendered Exhibit 2 which was the Appellant’s confessional statement and exhibit 5, the post mortem examination report. At the trial, a no case submission was overruled by the trial court and the Appellant gave evidence in his own defence and called other witnesses. He also objected to the admissibility of the purported confessional statement on grounds that it was obtained after he had been severely beaten at the police station and same was neither signed by him or the police officer who recorded the statement. The Respondent on the other hand contended that the Appellant never objected to the admissibility of the statement. The trial court convicted the Appellant for the offence charged and an appeal to the lower court was dismissed hence the instant appeal.

HELD

Appeal Dismissed

ISSUES

1. Whether the Honourable Court of Appeal was right in law when it upheld the conviction and sentence of the Accused/Appellants by the Honourable Trial Court which was based on his extra judicial confessional statement – Exhibit 2. [Distilled from Ground 1] ?

2. Whether from the totality of the evidence, the Honourable Court of Appeal was right in law when it upheld the conviction and sentence of the Accused/’Appellant by the Honourable Trial Court, based on Exhibit 5 [the Nigeria Police Post Mortem Examination Report] to reach the conclusion that the death of the deceased was caused by the act of the appellant. [Distilled from Ground 2] ?

3. Whether in view of the evidence before the trial court the prosecution proved its case against the appellant beyond reasonable doubt?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

1. Evidence Act 2011

2. Penal code CAP 89 laws of the Northern State applicable to Benue State

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