May 17, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 11134 In the Supreme Court of Nigeria Fri Jun 15, 2012 Suit Number: SC.129/2007 CORAM BODE RHODES-VIVOUR MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT PARTIES […]
CORAM
BODE RHODES-VIVOUR MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
PARTIES
JOHN TIMOTHY APPELLANTS
THE FEDERAL REPUBLIC OF NIGERIA
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant boarded a KLM plane at Amstersam Schipol Airport to Nnamdi Azikiwe international airport Abuja, on arrival he was searched by NDLEA officials at the airport, he was ordered into the toilet where he excreted well wrapped substances subsequently found to be cocaine, he was charged in the federal high court, where he pleaded guilty, the appellant later changed the plea to a plea of guilty, in light of the plea, the exhibit tendered, the statement of the accused and the drugs recovered, the appellant was found guilty.
The appellant was charged under the Nigerian Drug Law Enforcement Agency Cap Act 253 Laws of the Federation 1990 but the word ACT was omitted, but was convicted under the proper act. The appellant appealed that he was charged under a non existing law.
HELD
Court held that the appeal lacked merit, and was hereby dismissed.
ISSUES
1.Whether the charge against the appellant was based on an existing law and whether he can be convicted on such.?
2.Whether it can be said that the exhibit tendered in court (cocaine) has been proved to be the same that was recovered from the appellant?
3.Whether there exist strict compliance with the law when the appellant took his plea to the charge?
RATIONES DECIDENDI
WHEN THE MANDATORY REQUIREMENT OF SECTION 215 OF THE CRIMINAL PROCEDURE ACT NO LONGER APPLY
“If on the other hand the accused person pleads guilty to an offence that does not carry the death sentence the mandatory requirement of Section 215 of the Criminal Procedure Act no longer apply”
BEST EVIDENCE TO RELY ON TO CONVICT AN ACCUSED PERSON
“A voluntary confession or/and a plea of guilt is the best evidence to rely on to convict an accused person” BODE RHODES-VIVOR J.S.C
COMPLIANCE WITH SECTION 218 OF THE CRIMINAL PROCEDURE ACT IN PROCESS OF ARRAIGNMENT TAKING OF PLEA
“What is required is that the accused person must plead himself. If he pleads through his counsel or through some other person the trial is a nullity” BODE RHODES-VIVOR J.S.C
CONVICTION BASED ON CONFESSIONAL STATEMENT ALONE
“The well laid down position of the law is that an accused person can be convicted on his confessional statement alone, though it is desirable but not mandatory that some other evidence consistent with the confession is produced” BODE RHODES-VIVOR J.S.C
CASES CITED
R v kanu 1952 14 WACA p.30
Aremu v state 1991 7 NWLR pt. 201 p. 1Josiah v state 1985 1 NWLR pt. 1 p. 125
Eyorokoromo & anor v. state 1979 vol. 12 NSCC p.61Kajubo v state 1988 1 NSCC 1988 Vol. 19 Nscc p. 475
Effiom v state 1995 1 nwlr pt. 373 p. 507R v Boyle 1954 2 QB p. 292R v. Ellis 1973 57 Cr App R. p. 571?
STATUTES REFERRED TO
Sec 166 of the Criminal Procedure Act