MURMANSK STATE STEAMSHIP LINE VS THE KANO OIL MILLERS LIMITED
August 9, 2025JOSEPH GWAWOH V. COMMISSIONER OF POLICE
August 9, 2025Legalpedia Citation: (1974) Legalpedia (SC) 10711
In the Supreme Court of Nigeria
Wed Dec 11, 1974
Suit Number: SC. 323/1974
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
JULIANA ODE PETITIONER(S)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, who was under the age of 17, was convicted for the murder of her newly born baby. The only material evidence against her was an alleged confession made to a military man.
HELD
The court held that the confession is inadmissible having not been obtained under caution and that the appellant should have been tried under the Children and Young Persons Law.
ISSUES
Whether purported confession of the appellant to James Okpe was not induced contrary to Section 28 of the Evidence Law.
Whether the appellant was rightly convicted of murder being a young person at the commission of the alleged confession.
RATIONES DECIDENDI
PLEA OF DEFENCE OF PERIOD OF LABOUR
“It is common knowledge that a woman, during and around the period of labor, normally loses all her self-control sometimes to the extent that she does not know what she is doing. Even if she were to be assumed to have killed the child within a few hours of birth, she would nevertheless have been entitled to plead it in defense. Considering her tender age and the fact that there was no parent or relative around to offer advice and guidance, we think that her case would even then have deserved pity rather than condemnation.” Per ELIAS, CJN.
CASES CITED
STATUTES REFERRED TO
The Children and Young Persons Law, Cap. 21 of the Laws of Northern States of Nigeria, 1963
The Armed Forces and Police (Special Powers) Decree 1967
