ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS V ALHAJI ATIKU ABUBAKAR & 3 ORS
June 4, 2025FATAI OLAYINKA V THE STATE
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 18716
In the Supreme Court of Nigeria
Fri Apr 20, 2007
Suit Number: SC. 184/2006
CORAM
PARTIES
1.MUSTAPHA MOHAMMED
2.LUKEMAN AIYEGBAMI.
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The deceased went to the 1st appellants’ house after being sent for by the 1st appellant. The deceased never returned. After arrest, the 1st appellant led the police to a shallow grave where the headless corpse of the deceased was unearthed. The appellants were charged and convicted of conspiracy to commit murder and murder.
HELD
The Supreme Court held that the prosecution proved its case beyond reasonable doubt. The appeal was dismissed, the conviction and sentence of the Court of Appeal was affirmed.
ISSUES
1. Whether the charge of murder preferred against the appellants was proved by the prosecution beyond reasonable doubt?2. Whether it is not the duty of the prosecution to prove that circumstantial evidence does exist and further that the circumstantial evidence thus proved is such that leads to no other logical conclusion but the guilt of the accused person to ground conviction.
RATIONES DECIDENDI
WHEN AN ACCUSED CAN BE CONVICTED ON A CONFESSIONAL STATEMENT
Where an accused person confesses to a crime, in the absence of an eye witness of killing, he can be convicted on his confession alone if the confession is positive, direct and properly proved. PER NIKI TOBI, JSC
WHEN CIRCUMSTANTIAL EVIDENCE WILL SUPPORT A CONVICTION FOR MURDER
A case is said to be proved beyond reasonable doubt either by direct oral evidence or by circumstantial evidence. Although witnesses can lie, circumstances cannot lie. Consequently, and in that sense, circumstantial evidence affords better proof beyond reasonable doubt. PER NIKI TOBI, JSC
WHEN CIRCUMSTANTIAL EVIDENCE WILL SUPPORT A CONVICTION FOR MURDER
For circumstantial evidence to support a conviction for murder, it must lead only to one conclusion that murder had been committed and that it was committed by the accused person. PER NIKI TOBI, JSC
CASES CITED
1. Milla v. The State (1985) 3 NWLR (Pt. 11) 1902. The State v. Ifu (1964) 8 ENLR 283. Adio v. The State (1986) 2 NWLR (Pt. 24) 581
STATUTES REFERRED TO
None
