EGBO OJOJO V. THE STATE
August 29, 2025DAVID TAIWO ELABANJO & ANOR V. JOSEPH DARLINGTON
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 13712
In the Supreme Court of Nigeria
Fri Feb 20, 1970
Suit Number: SC 308/1969
CORAM
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
MONDAY ENWELIKU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant made a statement to the police that the deceased was killed by some other people in his presence and was buried in his farm with the hoe he provided and that they celebrated after his death. The deceased body was subsequently recovered from the farm.
HELD
The court held that the statement is a confessional statement made voluntarily and that it is consistent with other evidence before the trial court and dismissed the appeal.
ISSUES
1. Whether the statement was a confessional statement.
2. Whether the notice of appeal filed by the appellant was filed within time.
RATIONES DECIDENDI
1. CONFESSIONAL STATEMENT
whether or not a particular statement was confessional is an issue of fact. Per Coker J.S.C
2. DELIVERY OF NOTICE OF APPEAL
It seems therefore that the notice of appeal where posted is deemed to have been given on the day that it was delivered for registered posting. Per Coker J.S.C
CASES CITED
STATUTES REFERRED TO
The Supreme Court Act.
