CORAM

---

IBRAHIM TANKO MUHAMMED     JUSTICE. SUPREME COURT

MARY UKAEGO PETRR-ODILI    JUSTICE. SUPREME COURT

MUSA DATTUO MUHAMMED     JUSTICE. SUPREME COURT

---

PARTIES

---

JAMES AFOLABI APPELLANTS

---

THE STATE

RESPONDENTS 

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The Appellant was arraigned before the Kogi State High Court sitting at Lokoja for the offence of culpable homicide punishable with death contrary to section 221(b) of the Penal Code, Laws of Northern Nigeria. The Appellant made two confessional statements Exhibit C & D before the police station and the State CID Lokoja, respectively wherein he admitted that he shot the deceased with a gun which resulted to his death. Exhibit D was subjected to trial within trial after which the trial judge held that it was voluntarily made. Subsequently the Appellant before the trial court denied committing the offence. The trial court convicted and sentenced the Appellant to death. His appeal to the Court of Appeal was dismissed hence a further appeal to this court.

---

HELD

---

Appeal Dismissed

---

ISSUES

---

1. Whether the Court of Appeal was correct in holding that the trial court was right in convicting the Appellant on the strength of his confessional statements?

2. Whether the learned Justices of the Court of Appeal were right in coming to the conclusion that it is obvious from the evidence before the trial court that the Appellant intentionally killed the deceased?

 

---

RATIONES DECIDENDI

---

CASES CITED

---

---

STATUTES REFERRED TO

---

1. Evidence Act 2011(as amended)

2. Penal Code

 

---

CLICK HERE TO READ FULL JUDGMENT