May 15, 2025
Legalpedia Citation: (2013-03) Legalpedia (SC) 41119 In the Supreme Court of Nigeria Fri Mar 8, 2013 Suit Number: SC. 432/2010 CORAM PARTIES ALLI DOGO APPELLANTS THE STATE RESPONDENTS […]
CORAM
PARTIES
ALLI DOGO APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant at the High Court was found guilty of murder. He appealed to the Court of Appeal but the decision of the trial Court was affirmed, he made further appeal to the Supreme Court?
HELD
Appeal dismissed?
ISSUES
1 Whether the Court below was right in holding that the confessional statement, Exhibit ‘B’ fit in squarely as a confession in and as such basing its judgment in same without considering the totality of the evidence before the Court?
2 Whether the Court below was right in holding that the defence of property under Section 33 (2) (a) of the 1999 Constitution of the Federal Republic of Nigeria and Section 282 of the Criminal Code Act does (sic) not avail the appellant.(3) Whether the Court below was right in holding that the Medical report ?
RATIONES DECIDENDI
When a Confessional Statement can gain a Conviction
“For a confession to ground a conviction it must be positive and direct.” NWALI SYLVESTER NGWUTA
Criminal Law and Procedure are not in the Exclusive Legislative List
“Criminal Law and Procedure are not included in the Exclusive Legislative List.’ -NWALI SYLVESTER NGWUTA
CASES CITED
Nworie Nwali v. State (1991) 5 SCNJ 14 at 19?
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1999 (as amended).