FRANCIS NKIE V FEDERAL REBUBLIC OF NIGERIA

CORAM

PARTIES

FRANCIS NKIE APPELLANTS

FEDERAL REBUBLIC OF NIGERIA

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The operatives of the National Drug Law Enforcement Agency (NDLEA) arrested the Appellant for being in unlawful possession of substances suspected to be cocaine weighing 0.4 grams. The Appellant made a statement to National Drug Law Enforcement Agency (NDLEA) officials wherein he confessed and admitted commission of the offence. At the end of the investigation the Appellant was arraigned before a Federal High Court, sitting in Port Harcourt. The learned trial judge convicted the Appellant and sentenced him to 18 months imprisonment. Dissatisfied with the conviction by the learned trial judge, the Appellant appealed to the Court of Appeal, Port Harcourt Division. The Court of Appeal affirmed the conviction of the Appellant and dismissed the appeal. Further aggrieved, the Appellant has appealed to this court.

HELD

Appeal dismissed.

ISSUES

1. Whether the learned Justices of the Court of Appeal were not wrong in affirming the conviction and sentence of the Appellant merely because of his plea of guilty and confessional statement?

RATIONES DECIDENDI

CONFESSIONAL STATEMENT – DESIRABILITY OF HAVING OTHER EVIDENCE OUTSIDE THE CONFESSIONAL STATEMENT

“Depending on the circumstances of a case it may be desirable to have outside the confession some evidence that would make it probable that the confession is true”. PER RHODES-VIVOUR JSC

GUILTY PLEA – EFFECT OF A GUILTY PLEA ON A NON CAPITAL CHARGE

“A guilty plea by an accused person to a non-capital charge shortens the proceedings in that trial as the court is empowered to proceed summarily to deal with the matter by convicting and sentencing the accused accordingly; it converts an otherwise full trial to a summary one. Where an accused person not only pleaded guilty to the charge but made confessional statement which is admitted in evidence without objection, as in the instant case, the burden of proof legally imposed on the prosecution to prove the charge beyond reasonable doubt is made very light indeed. PER ONNOGHEN JSC

PLEA OF GUILTY – EFFECT OF A PLEA OF GUILT BY AN ACCUSED PERSON

“It is trite that where an accused person pleads guilty to the offence against him, the onus placed on the prosecution by law is lifted and the court can safely convict on the plea”.PER OKORO JSC

PLEA OF GUILTY – DUTY OF THE COURT AFTER A PLEA OF GUILT BY AN ACCUSED PERSON

“After a plea of guilty by an accused person, the court has a duty to proceed to convict the accused without necessarily calling on the prosecution to prove the commission of the offence by establishing the burden of proof ordinarily required by law. The reason is that the admission of guilt on the part of the accused would have satisfied the required burden of proof. Where however, the prosecution goes ahead to adduce evidence though scanty and tender documents as exhibits, this is an added strength to the case of the prosecution which also obliterates any doubt whatsoever on the mind of the trial judge to convict the accused”. PER OKORO JSC

CONFESSION – EFFECT OF A FREE AND VOULUNTARY EXTRA JUDICIAL CONFESSION

“As a general rule, a free and voluntary extra judicial confession provides the most satisfying, the best and strongest evidence against an accused person. This is so because no man in his right senses will make admissions prejudicial to his interest and safety if the facts are not true and correct”. PER OKORO JSC

PLEA OF GUILTY- EXCEPTION TO THE PLEA OF GUILTY

“Once the accused person pleads guilty and the court is satisfied that he is aware of the consequences of entering a guilty plea, the court must formally proceed to conviction. The only exception to this procedure is when the accused person faces a Murder charge or a charge that carries the death penalty. In such a case if the accused person enters a guilty plea, not guilty should be entered and a trial in the usual way should commence”. PER RHODES-VIVOUR JSC

PLEA OF GUILTY- EFFECT OF A PLEA OF GUILTY – SECTION 218 OF THE CRIMINAL PROCEDURE ACT

“Where an accused person pleads guilty to an offence before a court of law after the court is satisfied that the accused intended to admit the “thrust of all the essential of the offence of which he has pleaded guilty, he shall be convicted and sentenced accordingly”. The only exception is in a trial for murder. If a person charged with committing murder or any other offence which the law prescribes death penalty, pleads guilty to it, a plea of not guilty is to be recorded by the court on his behalf and the case heard as if he had pleaded not guilty. PER GALADIMA JSC

CONFESSION – BEST EVIDENCE IN PROVE OF A CRIME

“A confession is the best evidence in criminal law in prove of a crime/charge in a court of law. PER ONNOGHEN JSC

CONFESSIONAL STATEMENT – DEFINITION OF A CONFESSION/CONFESSIONAL STATEMENT

“A confession or confessional statement has been defined in several cases by this court as an admission made by an accused person stating or suggesting that he committed the crime which is the object of the charge preferred against him. It is an acknowledgement of the crime of the accused”. PER OKORO JSC

PLEA OF GUILTY – WHEN IS A PLEA OF GUILTY VALID

“Thus, it is well settled that a plea of guilty is valid if made in a very unambiguous and unequivocal way and the same is received by a trial court or tribunal not labouring under the misapprehension of what the law is all about”. PER OKORO JSC

CONFESSIONAL STATEMENT – ADMISSIBILITY OF A CONFESSIONAL STATEMENT

“A Confessional statement can become proof of an act when it is true positive and direct. A confessional statement made voluntarily, stating or suggesting the inference that the accused committed an offence for which he is standing trial is relevant and admissible against him provided the statement was not made as a result of any threat, promise or inducement from a person in authority. Also, any voluntary information given by the accused at any time during investigation which leads to the discovery of any fact material to the charge against him is equally admissible”. PER OKORO JSC

PLEA OF GUILTY – NATURE OF A CONVICTION WHERE THE PROSECUTION FURTHER LEADS EVIDENCE IRRESPECTIVE OF THE PLEA GUILTY BY AN ACCUSED PERSON

“It goes without any conjecture that where the prosecution goes further irrespective of the plea of guilty to lead cogent and credible evidence as was done in this case, to further support the plea of guilty, the ensuring conviction, in my opinion, is unassailable”. PER OKORO JSC

PLEA OF GUILTY – DUTY OF THE COURT WHEN AN ACCUSED PLEADS GUILTY TO AN OFFENCE-

“Where an accused person pleads guilty to an offence before a court of law and the court is satisfied that he intended to admit the thrust of all the essentials of the offence with which he is charged, the court shall convict and sentence him accordingly. The only exception is in a capital offence. If a person charged with murder or any other offence which the law prescribes the death penalty pleads guilty to it, a plea of not guilty is to be recorded by the court on his behalf and the case heard as if he had pleaded not guilty. In any other circumstance, his actual plea is to be recorded. PER OKORO JSC

CASES CITED

Akibu Hassan V. The State (2001) 15 NWLR (pt. 735) 184.Bright v. State 2012 ISC (Pt.ii) p.47Emma Amachukwu V. The Federal Republic of Nigeria (2009) 8 NWLR (pt. 1144) 475.Fatilewa V. The State (2008) 12 NWLR (p. 531) (2008) 4 – 5 SC (pt. n 197)  Ikemson V. State (1989) 3 NWLR (pt. 110) 455.Ikemson Vs State (1989) NWLR (Pt.110 455 at 476Okewu V. Federal Republic of Nigeria (2005) ALL FWLR (pt. 254) 858.Omoju V. Federal Republic of Nigeria (2008) ALL FWLR (pt. 415) 1656.Paulinus Tobi (Alias Udo Abby) V. The State (2001) 4 SC (Part II) 160.Peter V. State (1997, 12 NWLR (p, 531)R. V. Wilson (1959) SC NLR 462; (1959) 4 FSC175.Raymond S. Dongtoe V. Civil Service Commission, Plateau State (2001) 4 SC. (Part II) 43State v. Isah &2 ors 2012 7SC (pt iii) p.93Udo Abby V. The State (2001) 4SC (pt II) 160.

STATUTES REFERRED TO

Evidence Act 2011

The Criminal Procedure ActAdministration of Criminal Justice Law No. 10 of 2007;

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