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