CORAM
I.L. KUTIGI, JUSTICE, SUPREME COURT
M.E. OGUNDARE, JUSTICE, SUPREME COURT
E.O. OGWUEGBU, JUSTICE, SUPREME COURT
A.I. IGUH JUSTICE, SUPREME COURT
S.U. ONU JUSTICE, SUPREME COURT
PARTIES
MICHAEL EDHIGERE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and three others Josiah Eghagha, Passman Ugbogbo and Lucky Otunu were all charged of having murdered one Okpako Eghagha, on 2nd March, 1984, at Ivu bush, following the order of the 1st accused.
HELD
He was found guilty of the offence and sentenced to death
ISSUES
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12″Whether the conviction and sentence of the appellant on Exhibit C was proper on the facts of this case and nature of evidence produced: by the state?”
RATIONES DECIDENDI
TEST OF CORROBORATION
It is trite law that the test applicable to determine the nature and extent of corroboration is to establish that the evidence is an independent testimony which affects the accused by connecting or tending to connect him with the crime. Per MOHAMMED, JSC
IMPORTANCE OF CONFESSIONAL STATEMENTS
This court had said it several times in reported cases that the administrative practice of confirmation of confessional statements before a senior police officer is not a legal requirement which if not complied with would render the confession unreliable. No general rule has been laid out that the practice must be observed.
CASES CITED
R. v. Nwigboke (1959) SCNLR 248: (1959) 4 FSC 101. See also Egboghonome v. The State (1993) 7 NWLR (Pt. 306) 383. See Afolabi v. C.O.P. (1961) 2 SCNLR 307;(1961) ALL NLR 654.
STATUTES REFERRED TO
None.