CORAM
NNAEMEKA-AGU JUSTICE, SUPREME COURT
PARTIES
SULEIMAN OLAWALE AROGUNDARE APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and another were charged with murder and the trial court convicted them solely on their confessional statements. His appeal to the Court of Appeal was dismissed but his confessional statements were expunged from the record. He has further appealed.
HELD
Appeal dismissed
ISSUES
1.Whether in the absence of the confessional statement expunged by the Court of Appeal, the court was right to have confirmed the conviction and sentencing of the appellant on the evidence of P.W. 5 or any other evidence circumstantial or otherwise.?
RATIONES DECIDENDI
DIFFERENCE BETWEEN A CONFESSIONAL STATEMENT, AND EVIDENCE GIVEN BY A WITNESS IN COURT
A confessional statement is different from evidence given by a witness in court. While a confessional statement is a pre-trial matter, made by an accused person mostly in pre-trial custody, evidence given by a witness in court is before the face of the trial court. One cannot be substituted for the other. Per Niki Tobi, JSC
CONVICTION ON EVIDENCE ADDUCED BY PROSECUTION
Where the evidence adduced by the prosecution is cogent and positive that it leaves no room whatsoever for any other conclusion other than that it was the accused that committed the offence, the court can safely convict on such evidence. Per Mohammed, JSC
ADMISSION TO COMMITING AN OFFENCE
An admission made at any time by person charged with an offence (even before it had been decided to formally charge him with committing a crime without administering a caution) suggesting that he committed the offence is a relevant fact against him. Per Ogebe, JSC
CASES CITED
1. Onungwa v. The State 1976 NSCC (Vol. 10) 27
2. Akinmogu v. The State (2000) 6 NWLR (Pt. 662) 608
3. Kalu v. The State (1993) 6 N.W.L.R. (Pt. 300) 385
STATUTES REFERRED TO
None.