CORAM

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Joseph Olubunmi Kayode Oyewole-Justice court of appeal

Abubakar Muazu Lamido-justice court of appeal

Jane Esienanwan Inyang-justice court of appeal

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PARTIES

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FESTUS EDEGWA

APPELLANTS 

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THE STATE

RESPONDENTS 

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AREA(S) OF LAW

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CRIMINAL LAW, EVIDENCE, CONSPIRACY, ARMED ROBBERY, CONFESSIONAL STATEMENTS, FAIR HEARING, APPEAL, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The appellant, Festus Edegwa, was convicted and sentenced to death by the High Court of Ogun State, Sagamu Judicial Division, for conspiracy to commit armed robbery and two counts of armed robbery. Along with five co-accused persons, the appellant was charged and arraigned before the lower court, where he pleaded not guilty. At trial, four witnesses testified for the prosecution, including two victims of the robbery and two police investigators. The appellant testified in his defense but was convicted on all charges based on the evidence, including his confessional statements. Dissatisfied with the judgment, the appellant filed an appeal, arguing that his confessional statements were unreliable and that the testimonies of the prosecution witnesses were inconsistent and lacked corroboration.

 

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HELD

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The Court of Appeal dismissed the appeal and affirmed the conviction and sentence of the appellant. The court held that the prosecution had proved the offenses beyond a reasonable doubt, and the appellant’s confessional statements, corroborated by other evidence, were sufficient to support the conviction.

 

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ISSUES

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1. Whether the prosecution proved the offenses of conspiracy and armed robbery beyond a reasonable doubt, considering the reliance on the confessional statements and the testimonies of the prosecution witnesses?

2. Whether the trial court was correct in relying on the confessional statements of the appellant and his co-accused in convicting him?

 

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RATIONES DECIDENDI

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CONFESSIONAL STATEMENTS – WHETHER THE TRIAL COURT WAS RIGHT TO RELY ON THE CONFESSIONAL STATEMENTS (EXHIBITS E AND E1) IN CONVICTING THE APPELLANT:

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“The Court held that a confessional statement, if voluntarily made and corroborated by other evidence, is sufficient to ground a conviction. In this case, the appellant’s confessional statements were corroborated by the testimonies of PW2 and PW3, who were victims of the robbery, as well as by other circumstantial evidence. “Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

 

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CORROBORATION OF CONFESSIONAL STATEMENTS – WHETHER THE EVIDENCE OF PW2 AND PW3 CORROBORATED THE APPELLANT’S CONFESSIONAL STATEMENTS:

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“The Court ruled that the testimonies of the two victims, PW2 and PW3, provided sufficient corroboration for the appellant's confessional statements. The victims’ accounts of the robbery matched the details contained in the confessions, and the evidence was unshaken under cross- examination.” – Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

 

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PROOF OF CONSPIRACY – WHETHER THE PROSECUTION PROVED THE OFFENSE OF CONSPIRACY TO COMMIT ARMED ROBBERY BEYOND REASONABLE DOUBT:

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“The Court held that conspiracy to commit armed robbery is typically inferred from the criminal acts of the accused persons. In this case, the prosecution established that the appellant acted in concert with others to commit the armed robbery, as demonstrated by the confessional statements and corroborating evidence.” – Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

 

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FAIR HEARING – WHETHER THE TRIAL COURT BREACHED THE APPELLANT’S RIGHT TO FAIR HEARING BY RELYING ON THE CONFESSIONS OF CO- ACCUSED PERSONS:

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“The Court concluded that the appellant’s right to fair hearing was not breached, as the trial court did not rely on the confessions of the co-accused persons against the appellant. The appellant’s own confessional statements were sufficient to ground his conviction.”– Per JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

 

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CASES CITED

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STATUTES REFERRED TO

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