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NKWUDA EDAMINE VS THE STATE

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NKWUDA EDAMINE VS THE STATE

Legalpedia Citation: (1996) Legalpedia (SC) 17111

In the Supreme Court of Nigeria

Tue Mar 5, 1996

Suit Number: S.C 58/1994

CORAM


S.M.A BELGORE JUSTICE, SUPREME COURT

ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT

EMMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT


PARTIES


NKWUDA EDAMINE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant is a blind man aged about thirty-five years. The victim was his wife. The appellant told the witness that he killed her with a matchet because she was giving his properties out to people and that it was too much for him ?


HELD


He was found guilty of the offence and sentenced to death.


ISSUES


Whether the case against the appellant was proved beyond reasonable doubt and whether the confessional statement attributed to the appellant was rightly so attributed


RATIONES DECIDENDI


NUMBER OF WITNESSES IS IRRELEVANT


Except as provided in section 179 of the Evidence Act Cap. 112 Laws of the Federation of Nigeria, 1990, no particular number of witnesses shall in any case be required for the proof of a fact


CONFESSIONAL STATEMENTS SUFFICIENT ADMISSION OF GUILT


“The confessional statements were well proved. They are positive, unequivocal and amount to admission of guilt. They are sufficient to ground the finding of guilt and it is immaterial that the appellant resiled from them during his trial. Per OGWUEGBU, JSC


CASES CITED


R. v. Kanu & Ors. (1952) 14 WACA. 30, and Mumuni & Ors. v.. The State (1975) 6. SC. 79 at 94


STATUTES REFERRED TO


None.


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