Just Decided Cases

JAMES OBI ACHABUA V. THE STATE

Legalpedia Citation: (1976) Legalpedia (SC) 13116

In the Supreme Court of Nigeria

Fri Dec 10, 1976

Suit Number: SC. 144/1975

CORAM


GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

OLABODE RHODES-VIVOUR

MUHAMMADU L. UWAIS, JUSTICE, SUPREME COURT


PARTIES


JAMES OBI ACHABUA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was informed that the deceased, who was his servant, has disappeared with his money at home. He sought for the deceased and recovered part of the money stolen. The appellant took the deceased home in the night and the body of the deceased was found buried in the bush the following morning


HELD


The court held that the appellant is guilty of murder.


ISSUES


Whether or not the court can convict of murder in the absence of an eye witness


RATIONES DECIDENDI


IMPORTANCE OF CONFESSIONAL STATEMENT


It is settled law that confession alone is sufficient to support conviction without corroboration so long as the Court is satisfied of the truth of the confession. Per OBASEKI, Ag. J.S.C


CASES CITED


R. v Sykes 8 Cr App R 223 R v. Kanu 14 W.A.C.A. 30 Edet Obosi v. The State (1965)

N.M.L.R. 119 Paul Onochie AND 7 others v The Republic 1966 N.M.L.R. 307 and Jimoh

Yesutu v The State (1975) 6 SC. 167)


STATUTES REFERRED TO


None


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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