ABUBAKAR DAN SHALLA VS THE STATE
May 30, 2025ANTHONY NWACHUKWU VS THE STATE
May 30, 2025Legalpedia Citation: (2007) Legalpedia (SC) 01981
In the Supreme Court of Nigeria
Fri Sep 21, 2007
Suit Number: SC. 139/2006
CORAM
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
NWALI SYLVESTER NGWTA JUSTICE, SUPREME COURT
FRANCIS FEDODE TABAI, JUSTICE SUPREME COURT
ALOYSIUS IYORGYER KATSINA- , CHIEF JUSTICE OF NIGERIA
PARTIES
1.NIGERIA NAVY
2.CHIEF OF NAVAL STAFF
3. ATTORNEY-GENERAL OF THE FEDERATION.
APPELLANTS
LT. COMMANDER S.A. IBE LAMBERT
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent a lieutenant colonel in the Nigerian Navy was tried in a general court martial of 5 count and but convicted and sentenced of one, which is, disobedience to correct standing orders contrary to Section 57(1) of the Armed Forces Decree No. 103 of 1993 as amended. She appealed and her appeal was upheld, she was discharged and acquitted. ?
HELD
The appeal was dismissed. The Supreme Court held that the charge was not proved against the respondent.
ISSUES
1. W hether Exhibit 1, that is to say, the extra-judicial statement made by the respondent is a confessional statement; and if not so, whether the Court of Appeal was not correct in law to hold that in the absence of any credible evidence, count 3 as charged was not proved against the respondent.
2. Whether the statement by the Court of Appeal that Exhibit 4 among others tendered by the appellants is a public document that needed certification weighed in the mind of the court and/or affected its judgment.
RATIONES DECIDENDI
INGREDIENTS FOR A STATEMENT TO BE CONSIDERED A CONFESSION
In order to amount to a confession, the statement of an accused must be direct, positive and not equivocal. – PER OGUNTADE, JSC
CASES CITED
1. Raimi Afolabi v. Commissioner of Police [1961] All NLR 6542. Nwosu v. Imo State Environmental Sanitation Authority & Ors (1990) 2 NWLR (Part 135) 688 at 723
STATUTES REFERRED TO
None
