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SUNDAY ONUNGWA V. THE STATE

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SUNDAY ONUNGWA V. THE STATE

Legalpedia Citation: (1976) Legalpedia (SC) 15151

In the Supreme Court of Nigeria

Fri Jan 16, 1976

Suit Number: SC. 172/1975

CORAM


SOWEMIMO, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI, JSC JUSTICE, SUPREME COURT


PARTIES


SUNDAY ONUNGWA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was the first to get to a palm tree to harvest but was not equipped for climbing. The deceased had an agent who wanted to climb the appellant tree but the appellant refused. When he moved away, appellant struck the deceased with a matchet.


HELD


The court held that a free and voluntary confession of guilt if it is direct and positive is sufficient proof of guilt and can sustain a conviction.


ISSUES


Whether the guilt of the accused could be determined from his confession though it was extra judicial


RATIONES DECIDENDI


CONFESSIONAL STATEMENTS


Admission made at anytime by a person charged with a crime suggesting the inference that he committed the offence is a relevant fact against the maker and if made voluntarily is admissible in evidence. Equally any information given by a person accused of an offence leading to discovery of any fact material to the charge against him, if made voluntarily is relevant and admissible and such information is no less voluntary merely because it was given in answer to a question asked in the course of interrogation.”PER IDIGBE, JSC


CASES CITED


R V. WALTER SYKES (1913) 8 CAR 233; R V. AJAGBE 2 WACA 353

R V. AJAYI OMOKARO (1914) 7 WACA 146


STATUTES REFERRED TO



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