CORAM
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
AYO G. IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
JAMES IGBINOVIA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was convicted of the murder of the deceased based on the confessional statement he made to a police officer who was disguised as a criminal in the cell
HELD
THE APPEAL WAS ALLOWED, AND THE CONVICTION AND SENTENCE WAS SET ASIDE
ISSUES
Whether the confessional statement made by the appellant to P.W.5 in the police cell on the 23rd day of April, 1975 in the presence of other suspects is admissibleWhether in the circumstances in which the confession was made any weight ought to be attached to the confession
RATIONES DECIDENDI
ADMISSIBILITY OF CONFESSIONAL STATEMENT
no confession by an accused is admissible in evidence against him unless it is shown by the prosecution to have been a voluntary statement in the sense that it has not been obtained from him either by fear of prejudice or hope of advantage exercised or held out to him by a person in authority- Obaseki J.S.C.
WHETHER EVIDENCE OBTAINED BY MEANS OF AGENTS PROVOCATEURS IS ADMISSIBLE
There is no doctrine of entrapment in Nigerian law and evidence obtained by means of agents provocateurs is admissible -Obaseki J.S.C
CASES CITED
Ibrahim v. The King (1914) AC 599 at 609.Corporal Jonah Dawa v. The State SC. 75/1979 delivered on 28th November, 1981.Reg. v. Harz ; Reg. v. Power (1967) 1 AC 760Diamantides v. Chief Inspector of Mines 13 WACA 94;Omotosho v. Commissioner of Police (1961) All NLR 693
STATUTES REFERRED TO
The Evidence Act.