ZENITH BANK v. JOHNSON A. AKINNIYI
May 2, 2025MR. JOHN BIGWAN V. URBAN HOUSING CO-OPERATIVE LIMITED
May 2, 2025Legalpedia Citation: (2015) Legalpedia (CA) 40148
In the Court of Appeal
Fri May 15, 2015
Suit Number: CA/AK/45C/2013
CORAM
SONTOYE DENTON-WEST -JUSTICE, COURT OF APPEAL OF NIGERIA
MOHAMMED AMBI-USI DANJUMA -JUSTICE, COURT OF APPEAL OF NIGERIA
JAMES SHEHU ABIRIYI – JUSTICE, COURT OF APPEAL OF NIGERIA
PARTIES
FRIDAY CHRISTOPHER
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
APPEAL, CONSTITUTIONAL LAW, COURT, CRIMINAL LAW AND PROCEDURE, JURISDICTION, LAW OF EVIDENCE, PARTY, PRACTICE AND PROCEDURE, WORDS AND PHRASES.
SUMMARY OF FACTS
The Appellant was charge with the offence of murder contrary to Section 319 of the Criminal Code Cap 30 Vol.11 Laws of Ondo State 1978. He was accused to have being involved in the murder of one John also know as teacher. Initially the Accused stated that it was one Olu who stabbed the deceased but later admitted to have killed the deceased. The trial court after hearing from both parties found the Accused person guilty of the offence of manslaughter as against the offence of murder and sentenced him to ten (10) years imprisonment. Dissatisfied, the Accused person has appealed to the Court of Appeal.
HELD
Appeal Allowed
ISSUES
Whether the Trial Judge was right to have relied on Exhibit B, that is, the Confessional Statement of the Appellant to ground a conviction of Manslaughter against the Appellant
RATIONES DECIDENDI
CONFESSIONAL STATEMENT – NATURE OF CONFESSIONAL STATEMENT THAT CAN SUSTAIN A CONVICTION WITHOUT CORROBORATION
‘‘A free and voluntary confession which is direct and positive and properly proved is sufficient to sustain a conviction without corroborative evidence so long as the court is satisfied with its truth. See: Nwaeze V. State (1996) 2 NWLR (Pt. 428) 1.’’ PER J. S. ABIRIYI, J.C.A.
MANSLAUGHTER – DEFINITION OF MANSLAUGHTER – SECTION 317 OF THE CRIMINAL CODE
‘‘Manslaughter for which the Appellant was convicted is defined in Section 317 of the Criminal Code as follows: “A person who unlawfully kills another in such circumstances as not to constitute murder is guilty of manslaughter.”PER J. S. ABIRIYI, J.C.A.
TRIAL WITHIN TRIAL – PURPOSE OF TRIAL WITHIN TRIAL AND WHEN IT WILL BE CONDUCTED
‘‘If however, the Appellant had admitted making the statement but went further to allege that he made it under duress or any form of inducement or promise, the statement would have been inadmissible, unless a trial within trial was conducted to test the voluntariness or otherwise of the statement and not its truthfulness. See Saidu v. State (1982) 4 SC 41.’’ PER J. S. ABIRIYI, J.C.A.
PRESUMPTION OF INNOCENCE- AN ACCUSED PERSON IS PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED BY THE PROSECUTION
‘‘Under our Constitution an accused person is presumed innocent until the contrary is proved. The onus of proof is on the prosecution and does not shift. It is for the prosecution to establish the guilt of the accused person beyond reasonable doubt. Even where an accused person admitted to the police the commission of the offence in his statement, the prosecution is not relieved of the burden.’’ PER J. S. ABIRIYI, J.C.A.
KILLING – DEFINITION OF KILLING – SECTION 308 OF THE CRIMINAL CODE
‘‘Section 308 of the Criminal Code defines “killing” as follows: “Except as hereinafter set forth, any person who causes the death of another, directly or indirectly, by any means whatsoever is deemed to have killed that other person.” PER J. S. ABIRIYI, J.C.A.
STANDARD AND BURDEN OF PROOF IN CRIMINAL MATTERS – THE BURDEN ON THE PROSECUTION IS NOT RELIEVED EVEN WHERE THE ACCUSED PERSON ADMITS COMMITTING THE CRIME.
‘‘In criminal trials, the standard and burden of proof required to establish the guilt of the accused person is beyond reasonable doubt. Even where there is an admission to the police on the commission of the crime in a statement, it does not relieve the prosecution of the burden. Such failure, will lead to the discharge of the accused. See: Jua v. State (2010) 4 NWLR (Pt. 1184)’’ PER S. DENTON-WEST, J.C.A.
EVIDENCE – EVIDENCE OF ANY SERIOUS CRIME MUST BE PROPERLY SCRUTINIZED BY THE COURT BEFORE FINDING THE ACCUSED PERSON GUILTY
‘‘Evidence of any crime particularly serious crimes of this nature should be meticulously scrutinized by the courts before finding accused persons guilty at the slightest opportunity.’’ PER J. S. ABIRIYI, J.C.A.
CONTRADICTIONS IN THE EVIDENCE OF THE PROSECUTION – CONTRADICTIONS IN THE EVIDENCE ADDUCED BY THE PROSECUTION MUST BE RESOLVED IN FAVOUR OF THE ACCUSED PERSON.
‘‘It is trite law that contradictions in the evidence adduced by the prosecution on material issues must be resolved in favour of the accused person. See Igbo v. State (1975) 11 SC 129, State v. Emine & Ors (1992) NWLR (Pt. 256) 628 and Ononuju v. State (2013) 6 SCNJ 458.’’ PER J. S. ABIRIYI, J.C.A.
PROOF BEYOND REASONABLE DOUBT – PROOF BEYOND REASONABLE DOUBT DOES NOT MEAN PROOF BEYOND THE SHADOW OF DOUBT.
‘‘However proof beyond reasonable doubt does not mean proof beyond the shadow of doubt. See Igabele v. State (2006) 6 NWLR (Pt. 975) 100, Aigbadion v. The State (2000) 4 SC (Pt. 1) 1 and Agbo v. State (2006) 6 NWLR (Pt. 977) 545.’’ PER J. S. ABIRIYI, J.C.A.
REPORT BY A MEDICAL OFFICER IN THE SERVICE OF A STATE – SECTION 42(1)(A) OF THE EVIDENCE ACT
‘‘It is the law that a medical officer in the service of a state for the purpose of undertaking a post-mortem examination is a pathologist and his report is the certificate envisaged by Section 42(1)(a) of the Evidence Act.’’ PER J. S. ABIRIYI, J.C.A.
CONFESSIONAL STATEMENT – REQUIREMENT FOR CONVICTION BASED SOLELY ON THE CONFESSIONAL STATEMENT OF AN ACCUSED PERSON
‘‘There is no evidence stronger than a persons own admission or confession. Although an accused person can be convicted solely on his confessional statement it is desirable to have some evidence outside the confession which would make it probable that the confession was true. See Dibie V. State (2007) 9 NWLR (Pt.1038) 30, Solola V. State (2005) 11 NWLR (Pt. 937) 460, Akinmoju V. State (2000) 4 SC (Pt. 1) 64 and Idowu V. State (2000) 7 SC (Pt. 11) 50.’’ PER J. S. ABIRIYI, J.C.A.
CONFESSION – MEANING OF CONFESSION
‘‘A confession is an admission made at any time by a person charged with a crime stating or suggesting by inference that he committed that crime. See Gira v. State (1996) 4 NWLR (Pt. 443) 375.’’ PER J. S. ABIRIYI, J.C.A.
CASES CITED
STATUTES REFERRED TO
Criminal Code Cap 30 Vol. 11 Laws of Ondo State 1978.
Criminal Procedure Act
Evidence Act
CLICK HERE TO READ FULL JUDGMENT
