CHIEF T.O. BENSON V NIGERIAN AGIP OIL COMPANY LIMITED
July 25, 2025VICTORIA OJUGBELE V JOSEPH OLASOJI
July 26, 2025Legalpedia Citation: (1982) Legalpedia (SC) 18170
In the Supreme Court of Nigeria
Fri Apr 23, 1982
Suit Number: SC. 31/1981
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
INUSA SAIDU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant is a soldier in the Nigerian Army, he was being treated at the Military Hospital at Onitsha on his discharge while walking to his station he threw the remains of the orange he had sucked and it landed on the deceased. The appellant got into a fight with the deceased and the appellant drew his dagger and stabbed the deceased on the neck, who later died at the hospital.
HELD
Appeal allowed.
ISSUES
1. Was the alleged controversial confessional statement, Exhibit C, admitted for identification only or in evidence as part of the prosecution case?
2. If it was admitted in evidence as part of the case for the prosecution is the statement confessional in the fullest extent within the true and full meaning of the word confessional;
RATIONES DECIDENDI
ADMISSIBILITY OF DOCUMENTS IN CRIMINAL TRIAL
“It is not the law that in criminal trials documentary exhibits which are inadmissible can be admitted in evidence by consent. The stringent rules of admissibility laid down in the law of evidence with regard to confessional statement excludes admission of the statements accused persons made to the police in evidence by consent or from the bar even if without objection being taken by the defence in breach of those rules.” Obaseki, JSC.
CONDITION FOR ADMISSIBILITY OF CONFESSIONAL STATEMENT
“It has therefore long been established as a positive rule of Nigerian criminal law that no statement by an accused is admissible in evidence against him unless it is shown by the prosecution that it was a voluntary statement.” Obaseki, JSC.
CASES CITED
1. Ibrahim v. R. (1914) AC 559 at 609
2. Godwin Ikpasa v. The State (1981) 9 S.C 7 at 29
3. Corporal Jona Dawa and Anor. v. The State (1980) 8-11 S.C 236 at 258.
STATUTES REFERRED TO
Evidence Law Cap. 49 L/EN 1963
