CORAM
PARTIES
MOSES JUA APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was convicted of homicide when he confessed to killing the police constable who went to see him to produce particulars of a stolen motor cycle. He later retracted the confession. He has appealed the decision of the court of appeal upholding the conviction.
HELD
Appeal dismissed.
ISSUES
RATIONES DECIDENDI
CONVICTION ON CIRCUMSTANTIAL EVIDENCE
“An accused person can also be convicted on strong and compelling circumstantial evidence in the absence of corpus delicti”. Per Tobi J.S.C
BURDEN OF PROOF IN CRIMINAL CASES.
“The burden of proof in a criminal case is on the prosecution and it is beyond reasonable doubt.” Per Tobi J.S.C
DOUBT JUSTIFYING AN ACQUITTAL
“Reasonable doubt which will justify an acquittal is a doubt based on reason arising from evidence or lack of it”. Per Tobi J.S.C
CONVICTION BASED ON ORAL CONFESSION.
“A conviction on the oral confession is proper in law.” Per Tobi J.S.C
CIRCUMSTANTIAL EVIDENCE TO CONVICT IN HOMICIDE.
“An accused person can be convicted of the offence of culpable homicide punishable with death if there exists cogent and compelling circumstantial evidence to the fact that the accused person killed the victim.” Per Tobi J.S.C
CASES CITED
1. R. v. Sala (1938) 4 WACA 10
2. Obosi v. The State (1965) NMLR 129;
3. Onah v. The State (1985) 3 NWLR (Pt.12) 236;
4. Akpan v. State (2000) 12 NWLR (Pt.682) 667.