DEMO OSENI VS. THE STATE

CORAM

S.U. ONE – JUSTICE, SUPREME COURT

PARTIES

DEMO OSENI APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was charged with one Abubakar Umaru Sadiq with the offences of conspiracy and armed robbery before the high court. In the course of trial, the criminal justice committee released the 1st accused person Abubakar Umaru Sadiq on bail based on ground of ill-health. He was later reported dead and his name was struck out of the charge.

At the end of the trial, the trial judge discharged and acquitted the appellant of the offence of conspiracy but was convicted of the offence of armed robbery and sentenced to death by hanging. The appellant appealed to the court of appeal but the appeal was dismissed and the decision of the trial court was affirmed. Not satisfied with this decision, he further appealed to the Supreme Court.

HELD

The case was dismissed for lacking in merit. The   conviction of the death sentence passed on the appellant was affirmed.

ISSUES

1.Whether in view of the evidence adduced at the trial the court of appeal was right to have affirmed the decision of the trial court that the charge of armed robbery was proved beyond reasonable doubt. ?

RATIONES DECIDENDI

SITUATION WHERE A CONFESSIONAL STATEMENT CANNOT BE DENIED

“A man of full reason, in control of his senses and without any form of threat or inducement, the onus of proof of which is on him, who makes a statement confessing to a crime that had been committed, cannot be heard to deny that statement and exonerate himself of the crime.” Per NWALI SYLVESTER NGWUTA J.S.C

THE RETRACTION OF A CONFESSION

“It is the law that a retraction of a confession does not ipso facto render the confession inadmissible.” Per NWALI SYLVESTER NGWUTA J.S.C

WHERE A CONFESSION CAN BE SUFFICIENT WITHOUT CORROBORATION

“It is the law that even without corroboration, a confession is sufficient to support a conviction so long as the court is satisfied of its truth.” Per NWALI SYLVESTER NGWUTA J.S.C

CASES CITED

R v John Agangan Itule (1961) All NLR 462 (FSC)R v Sapele &Anor (1952) 2 FSC 74Mohammed J. Yahaya v The state (1986) 12 SC 282 at 290Owie v The state (1985) 4 SC 1 at 27Cham Wei-Keung v R. (1967) 2 WLR 552

STATUTES REFERRED TO

NONE

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