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OKOCHUKWU IFALACHO V. THE STATE

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OKOCHUKWU IFALACHO V. THE STATE

Legalpedia Citation: (2019) Legalpedia (CA) 91971

In the Court of Appeal

HOLDEN AT YOLA

Thu Apr 4, 2019

Suit Number: CA/YL/136C/2017

CORAM


JUSTICE ABDULLAHI MAHMUD BAYERO

FOLASADE AYODEJI OJO

CHIDI NWAOMA UMA


PARTIES


OKOCHUKWU IFALACHO APPELLANTS


THE STATE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

This is an Appeal against the Judgment of Taraba State High Court, wherein the Appellant was convicted for the offences of Criminal Conspiracy contrary to Section 6 (b) of the Robbery and Fire Arms (Special Provisions) Act 2004; and Armed Robbery punishable under Section 12 (2) (A) and (B) of the same Act. In proof of its case, the prosecution called 15 witnesses and tendered 16 exhibits. The Appellant testified for his defence and did not call any witness. Dissatisfied with the Judgment of the lower court the Appellant has appealed to this court.


HELD


Appeal Dismissed


ISSUES


Whether the confessional statement of the Appellant satisfies the test under which confessional statements are subjected to; and whether the lower court was right in relying on same. Whether it was proper for the lower court to have relied on the unreliable evidence of PW1 to PW15 as credible in convicting the Appellant.


RATIONES DECIDENDI


CONFESSSIONAL STATEMENT – CONSEQUENCE OF A VOLUNTARY CONFESSIONAL STATEMENT BY AN ACCUSED PERSON


“It is the settled law that a Confessional Statement which has been proved to have been voluntarily made by an accused person is a relevant fact against him at the trial. A confession therefore is the strongest evidence that can be led against an accused person. If such statement has been duly proved and admitted, it may alone, in some cases, be sufficient to warrant convicting an accused person on it. A confessional statement made by an accused person and properly admitted in evidence is in law the best guide to the truth of the involvement of the accused in the offence charged. In Adebayo V. State (2014) LPELR 22988 (SC), Ariwoola JSC held that:-
“On the confession of the accused person this court Held that evidential value of a confession of truth is very great indeed. It is very sought after by the police investigators and prosecutors. It lightens the burden of prosecution by dispensing with the need to call a host of witnesses. A confession can support a conviction if proved to be made and true. The law is trite on the point that a man may be convicted on his own confession alone and there is no law against it. See Akeem Agboola V. The State (2013) LPELR 20652 (SC).”


CASES CITED


None


STATUTES REFERRED TO


Robbery and Fire Arms (Special Provisions) Act 2004|


CLICK HERE TO READ FULL JUDGMENT

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