EMMANUEL OLABODE V. THE STATE

CORAM

EMANUEL OBIOMA OGWUEGBU (Read the Leading Judgment)

PARTIES

EMMANUEL OLABODE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was convicted of the murder of the deceased Kehinde Omotanwa when he poured kerosene and set the deceased ablaze. He died 14 days after. The appellant’s appeal to the Court of Appeal was unsuccessful. Hence the further appeal.

HELD

Appeal dismissed

ISSUES

(1) Whether the appellant was properly arraigned before the trial court.(2) Whether the evidence of PW1 and PW2 before the trial court was hearsay(3) Whether failure on the part of the respondent to call the pathologist who performed the post-mortem examination on the deceased to give evidence before the trial court was fatal to the respondent’s case.(4) Whether the prosecution proved its case before the trial court beyond reasonable doubt.?

RATIONES DECIDENDI

USEFULNESS OF CONFESSIONAL STATEMENT

A confessional statement made by an accused person and properly admitted in law is the best guide to the truth of the role played by him and upon which alone the court can convict. Per TABAI, J.S.C

THE PROCESS OF ARRAIGNMENT

An arraignment consists of charging the accused and reading over and explaining to him in the language he understands to the satisfaction of the court and then followed with a plea. It is of great importance that the arraignment of an accused must comply with the provisions of section 215 of the Criminal Procedure Act. Per ADEREMI, J.S.C

CASES CITED

1. Ogoala v. State (1991) 2 NWLR (Pt.175) 5092. Onochie v. Republic (1966) NMLR 307?

STATUTES REFERRED TO

1. Criminal Procedure Act, Cap. 80. Laws of the Federation of Nigeria

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