May 17, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 30164 In the Supreme Court of Nigeria Thu Jul 5, 2012 Suit Number: SC.178/2000 CORAM A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT A.G. KARIBI-WHYTE […]
CORAM
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
I. L. KUTIGI JUSTICE, SUPREME COURT
A. I.R KATSINA-ALU JUSTICE, SUPREME COURT
O.ACHIKE JUSTICE, SUPREME COURT
U.A. KALGO JUSTICE, SUPREME COURT
U.A. KALGO JUSTICE, SUPREME COURT
U.A. KALGO JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
U.A. KALGO JUSTICE, SUPREME COURT
I. L. KUTIGI JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
I. L. KUTIGI JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
I. L. KUTIGI JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE JUSTICE, SUPREME COURT
U.A. KALGO JUSTICE, SUPREME COURT
PARTIES
AKPAN BEN AKPAN APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Appellant was charged with murder perpetrated at a Dico dance hall, after the deceased allegedly refused to allow the Appellant to dance with PW3. He was convicted on the straight of circumstantial but irresistible evidence and his appeal to both Court of Appeal and Supreme Court, dismissed.
HELD
The Court held that the evidence before the learned trial judge, which was affirmed by the Court below, is that the Appellant and no other was responsible for the death of the deceased and the offence of murder. The judgment of the Court below is accordingly affirmed.
ISSUES
1. Whether the Learned Justices of the Court below were right in treating Exhibit B, B1 as a confessional statement and using the same to affirm the conviction of the Appellant.?
2. Whether the Learned Justices of the Court below were right in holding that the circumstantial evidence of PW 2 was direct and compelling as to unequivocally and irresistible fix the Appellant with a motive to kill the deceased.?
RATIONES DECIDENDI
ADMISSIBILITY OF CONFESSIONAL STATEMENT
“Where an accused makes an extra-judicial statement admitting the Commission of the offence with which he is charged, the statement will still be considered or taken into account in the determination of his guilt, notwithstanding that he had resiled from that evidence in his testimony at the trial, by giving evidence contradictory to that evidence”.
ADMISSIBILITY OF CONFESSIONAL STATEMENT
“Once a confession statement is admitted in evidence it becomes part of the case for the prosecution which the Judge is bound to consider for its probative value”.- per A.G. Kanibi-Whyte J.S.C.
CASES CITED
1. EGBOGHONOME V. THE STATE (1993) 7 NWLR (PT. 306) 383
2. CUSTOMS & EXCISE V. HARZ & POWER (1967) AC 760
3. R V. UDO EKA EBONG (1947) 12 WACA 139
4. R V. ITULE (1961) ALL NLR 462
5. EDET OFFIONG EKPE V. THE STATE (1994) 9 NWLR 263
6. NWANGBOMU V. THE STATE (1994) 2 NWLR 90
7. EDAMINE V. THE STATE (1996) 3 NWLR (PT. 438) 530
8. OTUFALE & ORS V. THE STATE (1968) NMLR 261
9. SALAU IYANDA V. THE STATE (1971) 1 NMLR 24910. ONOCHIE & ORS V. THE REPUBLIC (1966) NMLR 307
STATUTES REFERRED TO
1. Evidence Act Cap. 112 LFN 1990
2. Criminal Code