OBASI ONYENYE VS THE STATE

CORAM

IBRAHIM TANKO MUHAMMAD JUSTICE, SUPREME COURT

MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT

IBRAHIM TANKO MUHAMMAD JUSTICE, SUPREME COURT

MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT

PARTIES

OBASI ONYENYE APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was before High Court sitting charged with 6 (Six) others with the offences of conspiracy, and Armed Robbery. The trial Court convicted and sentenced the accused persons. The appellant appealed to the Court of Appeal in which the appeal was dismissed. The appellant, still not satisfied further appealed to the Supreme Court.?

HELD

The appeal was dismissed due to lack of merit.?

ISSUES

1.Whether the learned justices of the appeal were right in holding that Exhibit “C” is a Confessional Statement admitting the charge of conspiracy to commit armed robbery and armed robbery and rightly relied on same to confirm the conviction of the appellant.?

RATIONES DECIDENDI

A VOLUNTARY CONFESSIONAL STATEMENT IS ENOUGH TO GRANT A CONVICTION

“A free and voluntary confessional statement alone properly taken, tendered and admitted and which passes the six tests in R.V. Sykes (1913) 18 C.A.R. 233 approved and applied in Dawa v State (1980) 8 – 11 SC 236 is sufficient to ground a conviction.” Per Mary Ukaego Peter-Odili, JSC

CASES CITED

R.V. Sykes (1913) 18 C.A.R. 233Dawa v State (1980) 8 – 11 SC 236

STATUTES REFERRED TO

NONE

CLICK HERE TO READ FULL JUDGMENT