MBANG EFOLI MBANG VS THE STATE

CORAM

G A OGUNTADE, JUSTICE SUPREME COURT

M MOHAMMED, JUSTICE SUPREME COURT

W S N ONNOGHEN, JUSTICE SUPREME COURT

C M CHUKWUMA-ENEH, JUSTICE SUPREME COURT

M S MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT

PARTIES

MBANG EFOLl MBANG

APPELLANTS 

MBANG EFOLl MBANG

RESPONDENTS 

AREA(S) OF LAW

CRIMINAL LAW – CONFESSIONAL STATEMENT – CONSPIRACY

SUMMARY OF FACTS

The appellant and 3 others confessed to eating human flesh. The trial judge convicted them of the murder of Baba Okoi. The appellant unsuccessfully appealed against the decision at the Court of Appeal. The appellant has further appealed.

HELD

Appeal allowed

ISSUES

1. Whether the court of Appeal was right in holding that there was common intention between the appellant and other convicts to kill the deceased person in the light of the confessional statement of the 1st accused (co-convict) that he killed the deceased person without implicating the appellant however?

RATIONES DECIDENDI

WHEN THERE IS UNDISPUTED EVIDENCE, NO NEED FOR INFERENCE

Where there is undisputed evidence as to how the deceased met his death, the necessity to draw any inference that it was the person last seen with him alive who killed him would be irrelevant and unnecessary. Per OGUNTADE, JSC

WHERE DEATH IS THE PROBABLE CONSEQUENCE OF AN ASSAULT

Where a number of persons join in an unlawful assault it is a question of fact in every case whether the death of the person assaulted is a probable consequence of that particular assault and, if a weapon is used by one of the persons, the test to be applied is whether his use of the weapon was a probable consequence of their joint purpose. Per OGUNTADE, JSC

CONFESSION IS EVIDENCE ONLY AGAINST THE MAKER

A man’s confession is only evidence against him and not against his accomplices and it is a misdirection which may lead to the quashing of the conviction to omit to warn a jury or assessor of this fact. Per OGUNTADE, JSC

CASES CITED

1. Muonwem & 4 Others V. The Queen (1963) 1 All N.L.R. 95

2. Digbehin & 2 Ors. V. The Queen (1963) 1 All N.L.R. 388 at 392.

3. R.V. Ajain & others (1936) 3 W.A.C.A.3.

STATUTES REFERRED TO

1. Criminal Code

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