Legalpedia Citation: (2013-03) Legalpedia (SC) 28265
In the Supreme Court of Nigeria
Fri Mar 8, 2013
Suit Number: SC. 145/2011
CORAM
PARTIES
RASHEED LASISI APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and another person were arraigned before the High Court of Kwara State on a two count charge for robbery and culpable Homicide. The trial court sentenced the Appellant accordingly. Dissatisfied with the judgment of the trial court, the appellant appealed to the court below in which the court below affirmed the Judgment of the trial court. Thus, the appellant appealed to the apex court. ?
HELD
None
ISSUES
1. Whether indeed appellant’s statements are confessional.Whether the conviction for the offences he stands trial for are lawfully founded on his confessional statements without more?
RATIONES DECIDENDI
ON ADMISSION OBTAINED BY OPPRESSION
“The law renders irrelevant any admission obtained by oppression of the person who made it, or in consequence of anything said or done which was likely to render the admission unreliable.” PER M.S. MUNTAKA COOMASSIE, JSC
MEANING OF CONFESSION
“A confession is an admission made at any time by a person charged with a crime stating or suggesting that he committed the crime.” PER M.S. MUNTAKA COOMASSIE, JSC
EFFECT OF DENIAL OF A CONFESSIONAL STATEMENT
“It is not the law that denial by an accused of his confessional statement provides reason for either rejecting or rendering it unreliable and incapable of sustaining the conviction of the accused for the offences he stands trial for.” PER M.S. MUNTAKA COOMASSIE, JSC
AN ACCUSED CAN BE CONVICTED ON HIS VOLUNTARY CONFESSION
“The law does not, however, preclude a court from convicting an accused only on his confessional statement where the statement is found to be direct, positive and unequivocal.” PER M.S. MUNTAKA COOMASSIE, JSC
CASES CITED
EJINIMA V THE STATE (1991) 6 NWLR (PT 200) 627ONYEJEKWE V THE STATE (1992) 4 NWLR (PT 230) 444
STATUTES REFERRED TO
NONE