Just Decided Cases

RICHARD IGAGO VS THE STATE

Legalpedia Citation: (1999) Legalpedia (SC) 11158

In the Supreme Court of Nigeria

Fri Dec 3, 1999

Suit Number: SC. 68/1999

CORAM


ADOLPHUS G. KARIBI-WHYTE JUSTICE, SUPREME COURT

MICHAEL E. OGUNDARE JUSTICE, SUPREME COURT

SYLVESTER UMARU ONU JUSTICE, SUPREME COURT

ANTHONY JECHUKWU IGUH JUSTICE, SUPREME COURT

EMMANUEL O. AYOOLA JUSTICE, SUPREME COURT


PARTIES


MR. OLADITI ADESOLA(ON BEHALF OF HIMSELF AND THE OTHER MEMBERS OF ADERIN BRANCH OF OLUOKUN FAMILY) APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellant and the deceased who are both mechanics are friends. The deceased was working in a workshop managed by an Elf Petrol Station. Appellant worked in a neighbouring garage. They were on 4/7/91 engaged in a fight. They had been separated, before the Manager of the Elf Petrol Station (PW1) arrived. On arrival, the Manager of the Elf Petrol Station where the deceased was working started the process of resolving the dispute and was talking to the deceased working under him to brief him on what was responsible for the fight. Whilst the deceased was narrating the story to the Manager, the PW1, the accused standing nearby but separated by a concrete wall fence and holding a shovel in his hand, hit the deceased on the head with the shovel. The deceased fell down immediately and unconscious.


HELD


If the deceased had not been struck on the head, he would not be in a position where he would need the advanced health care systems of the industrialised countries to stay alive and the court affirmed the decision of the lower Court.


ISSUES


Whether based on the admissibility of the statements of appellant, Exhibits A and B in the trial and reliance on them by the learned trial Judge for the conviction of the Appellant for murder of the deceased.Whether the error in not acquitting the Appellant after a favourable medical evidence of the cause of death is not related to the issue purported to have been derived from it occasioned miscarriage of justice?Whether the procedure adopted by the trial Judge in evaluating or considering the case of the prosecution or the defence put forward or open to the appellant in this case would make the judgemnent to be perverse?


RATIONES DECIDENDI


WHAT CONSTITUTE ADMISSIBLE CONFESSIONS


Voluntary confessions per se are admissible. To be inadmissible, a confession must be shown not to be voluntarily made, or caused by inducement, threat or promise. – See S.28, See Saidu v State (1982) 4 SC 41, Per Adolphus Karibi-Whyte JSC


CASES CITED


Abisi v Ekwealor (1993) 6 NWLR (Pt. 302) 643Akpan Esaidh Essien v The State (1984) 3 SC. 14Arum v State (1979) 11 SC 91Dakur v Dapal (1998) 10 NWLR (Pt. 571) 578Enang v Adu [1981] 11-12 SC. 25


STATUTES REFERRED TO


Evidence ActThe Constitution of the Federal Republic of Nigeria  1979Criminal Code Act


CLICK HERE TO READ FULL JUDGMENT

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