BISI SADIKU ALESE VS IBITOYI SAROMI
September 2, 2025ESTATE OF LAWRENCE A CARDOSO VS ESTATE OF JOHN ST. MATTHEW DANIEL
September 2, 2025Legalpedia Citation: (1966-02 Legalpedia 23466 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Feb 11, 1966
Suit Number: SC 681/1965
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
IDlGBE JUSTICE, SUPREME COURT
PARTIES
JOSHUA ADEKANBI
APPELLANTS
ATTORNEY.GENERAL OF WESTERN NIGERIA
RESPONDENTS
AREA(S) OF LAW
Law of Evidence – Admissibility of Confessional Statement
SUMMARY OF FACTS
The appellant was convicted of making a number of counterfeit silver coins contrary to section 147 of the Criminal Code of the Federation, and sentenced to seven years imprisonment with hard labour.
HELD
That the confessional statement was wrongfully admitted
ISSUES
Whether the voluntary statement of the accused person was rightly admitted by the trial Judge?
RATIONES DECIDENDI
BURDEN OF PROOF.
‘The burden of proving affirmatively that a confession was made voluntarily is always on the prosecution’- Per Brett, J.S.C.
WHEN JUDGES WILL DISALLOW EVIDENCE IN CRIMINAL MATTERS.
‘In a criminal case the judge always has a discretion to disallow evidence if the strict rules of admissibility would operate unfairly against an accused’- Per Brett, J.S.C.
CASES CITED
Kuruma v. TheQueen [1955] A.C. 197
Ihere&Ors. v. The State S.C.494/1964
R. v. Rice and Others [1963]2 W.L.R. 585 at p. 592
STATUTES REFERRED TO
Not Available
