OSOH V. APC & ORS
March 19, 2025ALL PROGRESSIVES CONGRESS (APC) V. AHIJO JOEL AYUBA
March 19, 2025Legalpedia Citation: (2023-01) Legalpedia 82758 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Jan 27, 2023
Suit Number: SC.CR/553/2020
CORAM
AMINA ADAMU AUGIE
UWANU MUSA ABBA AJI
ADAMU JAURO
TIJJANI ABUBAKAR
EMMANUEL AKOMAYE AGIM
PARTIES
ONYEKA ILOUNO
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
APPEAL, CRIMINAL LAW AND PROCEDURE, PRACTICE AND PROCEDURE, EVIDENCE
SUMMARY OF FACTS
The Appellant was arraigned before the trial Court on 9/10/2014, for conspiracy to commit armed robbery and armed robbery where a trial-within-trial was conducted to ascertain the voluntariness of his confessional statement, which the Court subsequently admitted as Exhibit H. At the end of the trial, he was convicted and sentenced to death.
His appeal to the Court of Appeal was dismissed.
Dissatisfied, he proceeded to make this appeal at the supreme court.
HELD
Appeal Dismissed
ISSUES
1. Whether or not, the lower Court rightly affirmed the decision of the trial Court which convicted and sentenced the Appellant on the two count charge of conspiracy to commit armed robbery and attempted robbery.
RATIONES DECIDENDI
BURDEN OF PROOF – PROSECUTION PROVES THE GUILT OF THE ACCUSED BY
Where the accused person has denied the commission of a crime, it is bounden on the prosecution to prove the guilt of the accused person by (1) Direct evidence (2) Confessional statement/statements made by the accused, and (3) Circumstantial evidence. See Per NGWUTA, JSC, in BILLE V. STATE (2016) LPELR-40832(SC) (PP. 15 PARAS. A). – Per U. M. Abba Aji, JSC.
EVIDENCE – DIRECT EVIDENCE
Direct evidence proves or disproves a fact directly. It establishes a fact without making any inference to connect the evidence to the fact. In fact, it is one of the best evidence required in law to prove the commission of a crime. – Per U. M. Abba Aji, JSC.
EVIDENCE – DIRECT EVIDENCE – MEANING
Evidence is direct when, if the fact to be proved was seen, then by the witness who saw it. If it was heard, then it must be the evidence of the witness who heard it. See Per EKO, JSC, in CHUDI VERDICAL CO. LTD V. IFESINACHI INDUSTRIES (NIG) LTD & ANOR (2018) LPELR-44701(SC) (PP. 44 PARAS. A).
Per U. M. Abba Aji, JSC.
EVIDENCE – DIRECT EVIDENCE – SECURING CONVICTION
Where there is direct evidence linking an accused person with the commission of the offence, he can safely be convicted for the commission of the said offence. See Per ONU, JSC, in AIGUOREGHIAN & ANOR V. STATE (2004) LPELR-270(SC) (PP. 20 PARAS. F-F).
Per U. M. Abba Aji, JSC.
EVIDENCE – SINGLE WITNESS – CONVICTION
It is trite law that the Court can convict on the evidence of a single witness. There is no rule of law or practice which makes a Court hesitate in convicting upon the evidence of one witness if the Court is satisfied with the evidence. See MOHAMMED V. STATE (1991) 5 NWLR (PT. 192) PAGE 438 AT PAGE 442.
Per MUNTAKA-COOMASSIE, JSC, in ADISA V. STATE (2014) LPELR-24221(SC) (Pp. 28-29 paras. F) respectively.
Per U. M. Abba Aji, JSC.
EVIDENCE – ESTABLISHING THE GUILT OF THE ACCUSED
It is settled that the guilt of an accused person can be established in one or more of the following ways:
Confessional statement of the accused person.
Circumstantial evidence.
The testimony of eye witness or eye witnesses.
See: SANI V. STATE (2022) LPELR – 58487 (SC); ARCHIBONG V. STATE (2021) LPELR – 57791 (SC); MINDI V. STATE (2020) LPELR – 52897 (SC).
Per Adamu Jauro, JSC
APPEAL – CONCURRENT FINDINGS
It ought to be borne in mind that the appeal is against concurrent findings of facts made by the trial Court and the Court below. The Appellant, having not been able to show that the findings were perverse or not based on the evidence on record, there is no basis for this Court to interfere with or disturb those findings. See AKALAZU V. STATE (2022) 13 NWLR (PT. 1848) 453; ONWUBUARIRI V. IGBOASOIYI (2011) 2 NWLR (PT. 1234) 357; ABACHA V. EKE-SPIFF (2009) 7 NWLR (PT. 1139) 97.
Per Adamu Jauro, JSC
CASES CITED
STATUTES REFERRED TO
