ASUQUO ANA INYANG VS THE STATE
August 16, 2025AMA AKURUNWA & ORS VS JOHN OKORIE & ANOR
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 59187
In the Supreme Court of Nigeria
Fri Sep 29, 1972
Suit Number: SC. 303/1970
CORAM
ELIAS CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
GODWIN ETUK UDO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused was charged with and convicted of the murder of one Robert Akpan Ekerete contrary to Section 254(1) and punishable under Section 257(1) of the Criminal Code, Cap. 28, Volume 1, Laws of Western Nigeria, 1959, on June 6, 1970 by Johnson, J., at the Ondo Judicial Division of the High Court of the Western State of Nigeria.
HELD
That the accused person was rightly convicted
ISSUES
Whether the trial judge rightly admitted the confessional statement of the accused person
RATIONES DECIDENDI
THE TESTS FOR ADMISSIBILITY OF CONFESSIONAL STATEMENT
“(i) Is there anything outside the confession to show it is true?
(ii) Is it corroborated?
(iii) Are the statements made in it of fact true as far as they can be tested? Was the prisoner one who had the opportunity of committing the murder? Is his confession possible? Is it consistent with other facts which have been ascertained and which have been proved?”-Per Taslim O. Elias
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THE TESTS FOR ADMISSIBILITY OF CONFESSIONAL STATEMENT
“(i) Is there anything outside the confession to show it is true?
(ii) Is it corroborated?
(iii) Are the statements made in it of fact true as far as they can be tested? Was the prisoner one who had the opportunity of committing the murder? Is his confession possible? Is it consistent with other facts which have been ascertained and which have been proved?”-Per Taslim O. Elias
CASES CITED
R. v. Onowo (1958) 3 FSC 26
R. v. Karimu (1952) 14 WACA
STATUTES REFERRED TO
