BAMIDELE SIMEON v. THE STATE

CORAM

PARTIES

BAMIDELE SIMEON   APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant who was a policeman was arraigned at the Ondo State High Court for the murder of one Godwin Ochiedu. The Appellant, who caught the deceased making love to his wife, killed him by hitting him with an axe. The Appellant raised the defence of provocation. The trial Court found the Appellant guilty of manslaughter and sentenced him to six (6) years imprisonment. Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal.

HELD

Appeal Dismissed

ISSUES

1. Whether in view of the evidence on the record the prosecution successfully proved the essential ingredients of the offence of manslaughter beyond reasonable doubt against the Appellant?

2. Did the learned trial judge evaluate or properly evaluate all the evidence before finding the Appellant guilty and if not, did not his failure to do so occasion a miscarriage of justice?

RATIONES DECIDENDI

CONFESSION – WHETHER A COURT IS ENTITLED TO CONVICT ON A CONFESSION WHERE IT IS VOLUNTARY

“A confession of commission of a crime plays a major part in the determination of his guilt and a court of law is entitled to convict on the confession if it comes to the conclusion that the confession is voluntary. This is because the confession itself puts an end to the rough and speculative edges of criminal responsibility in terms of mens rea and actus reus. See: Okeke V State (2003) 15 NWLR (Pt. 842) 25.PER OWOADE, J.C.A.

CONFESSIONAL STATEMENT – A VOLUNTARY CONFESSIONAL STATEMENT IS AN ADMISSION OF GUILT –DUTY OF THE COURT TO CONSIDER OTHER EVIDENCE OUTSIDE THE CONFESSIONAL STATEMENT

“When a confessional statement has been proved to have been made voluntarily and is direct and positive and is unequivocal, then it is an admission of guilt. It is sufficient to sustain a conviction regardless of whether the accused person resiles from it or not. However, it is the practice of the Courts in order to safeguard the right of the accused person to fair hearing, to consider other evidence outside the statement, no matter how slight, which makes the confessional probable. See Adeyemi v. State (2014) 13 NWLR (Pt. 1423) 133”.PER J.S. ABIRIYI, J.C.A

CASES CITED

STATUTES REFERRED TO

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