May 15, 2025
Legalpedia Citation: (2013) Legalpedia (SC) 10115 In the Supreme Court of Nigeria Mon Apr 22, 2013 Suit Number: SC. 97/2011 CORAM PARTIES ALHAJI MOHAMMED MMAMMAN APPELLANTS RESPONDENTS AREA(S) […]
CORAM
PARTIES
ALHAJI MOHAMMED MMAMMAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant as an accused in the trial court was charged with granting unauthorized advances or credit facilities amounting to N61, 075, 000 to a customer of a Bank and was found guilty, he appealed to the Court of Appealed and the decision of the trial court was affirmed. He now appealed to the Supreme Court.
HELD
APPEALED DISMISSED
ISSUES
Whether the appellant did in fact grant unauthorized credit.Whether there was miscarriage of justice.
RATIONES DECIDENDI
CONFESSIONAL STATEMENT – DEFINITION OF A CONFESSIONAL STATEMENT
“A confession is an acknowledgment of guilt by whoever makes the confession and it is usually in writing but may be made orally. It is relevant and admissible when it identifies the person who committed the offence and proves the fact that constitutes one or all the ingredients of the offence.” PER BODE RHODES- VIVOUR, JSC
MISCARRIAGE OF JUSTICE- WHAT AMOUNT TO MISCARRIAGE OF JUSTICE
“There is said to be miscarriage of justice or failure of justice when the judgment of the court is inconsistent or prejudicial to the right of the party concerned. It is failure on the part of the court to do justice. That is to say the court did what amounts to injustice.” PER BODE RHODES- VIVOUR, JSC
CONFESSIONAL STATEMENT – WHEN THE COURT WILL CONVICT ON A CONFESSIONAL STATEMENT
“The position of the law is that once the court is satisfied that the confession is voluntary it can convict an accused person”. PER BODE RHODES- VIVOUR, JSC
DETERMINATION OF ISSUES – ISSUES SHOULD BE DETERMINED BY COURTS
“Courts should on no account spend precious judicial time on issues that are academic. They should determine live issues, and those are issues that would meet the ends of justice.” PER BODE RHODES- VIVOUR, JSC PER BODE RHODES- VIVOUR, JSC
CASES CITED
YUSUF V. STATE 1976 6 SC. P 167IGBINOVIA V. STATE 1981 2 SC. P.5OLADIJA SANUSI V. OREITAN AMEYEGUN 1992 4 NWLR P 237 P. 527HARRISON OKONKWO V. GODWIN UDOH 1997 9 NWLR PT. 519 P. 16OYENEYE V. ODUGBESAN 1972 4 SC. P 244BAKARE V. A.C.B LTD 1986 3 NWLR PT. 26 P. 47NZON V. JINADU 1987 1 NWLR PT. 51 P. 537?
STATUTES REFERRED TO
NONE