PAUL CHRISTOPHER VS THE STATE

CORAM

PARTIES

PAUL CHRISTOPHER APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was the 2nd Accused person charged before the High Court of the Federal Capital Territory, Abuja for the offence of armed robbery contrary to Section 298 of the Penal Code. The Appellant pleaded not guilty. In the course of the trial, the statement made by the Appellant was admitted in evidence by the trial Court. In his defence, the Appellant said that he made a statement at the Police Station, but the one before the Court was not his statement.

At the conclusion of trial, the Court found the Appellant guilty of the offence, convicted and sentenced him to seven years imprisonment with a fine. Dissatisfied with the decision of the trial Court the Appellant has appealed to this Court.

HELD

Appeal Dismissed

ISSUES

1.Whether in view of evidence adduced before the trial court the respondent discharged its burden and proved the case beyond reasonable doubt to warrant the conviction and sentence of the 2nd appellant?

RATIONES DECIDENDI

STANDARD OF PROOF IN CRIMINAL CASES –DUTY ON THE PROSECUTION TO PROVE A CRIMINAL CHARGE BEYOND REASONABLE DOUBT

‘‘The law is now very settled that the prosecution has a duty, indeed a burden, to prove a criminal charge beyond reasonable doubt. For the avoidance of any doubt, however, see the cases of Christopher Onubogu v The State (1974) 9 SC 1; Patrick Ikemson & 2 Ors. v. The State (1989) 3 NWLR (Pt. 110) 455 and Friday Aiguoreghian & Anon v. The State (2004) 3 NWLR (Pt. 860) 367.’’ PER M. A. A. ADUMEIN, J.C.A

CONFESSION – MEANING OF CONFESSION

“A confession is an admission made at any time by a person charged with a crime stating or suggesting that he committed the offence with which he is charged. See Saidu v. State (1982) 3 SC 41 and Patrick Ikemson & 2 Ors. v. The State (Supra).”PER, M. A. A. ADUMEIN, J.C.A

RETRACTION OF A CONFESSION – RETRACTION OF A CONFESSION IS NOT SACRED

“The law is that there is nothing sacrosanct about retraction of a confession; as once a confession of commission of a crime is shown to have been voluntarily made, provided the court is satisfied of its truth, and if it is direct, positive and unequivocal, it constitutes proof of guilt and it will be sufficient to sustain a conviction. See the case of Golden Dibie & 2 Ors. v. The State (2007) 9 NWLR (Pt. 1038) 30”.PER M. A. A. ADUMEIN, J.C.A

CONVICTION ON CONFESSIONAL STATEMENT – TEST TO BE APPLIED FOR CONVICTION TO BE MADE SOLELY ON CONFESSIONAL STATEMENT

“While the court can convict solely on a confessional statement of an accused person, the courts have over the years formulated a test to be applied to a confessional statement. The test has been applied over a considerably long period of time since the case of R. v. Sykes (1913) 18CR. App. R. 233 cited with approval in the case of Kanu v. R. 14 WACA 30. See also the case of Dawa v. State (1980) 8 – 11 SC 236. The test is as follows:

1. “Is there anything outside it to show that it is true?

2. Is it corroborated?

3. Are the statements made in it of fact, true as far as they can be tested?

4. Was the prisoner one who had the opportunity of committing the murder (offence)?

5. Is his confession positive?

6. Is it consistent with other facts which have been ascertained and which have been proved? “.PER M. A. A. ADUMEIN, J.C.A

CONFESSIONAL STATEMENT OF AN ACCUSED – A CONFESSIONAL STATEMENT MADE BY AN ACCUSED PERSON AND PROPERLY PROVED IS THE BEST GUIDE TO THE TRUTH OF THE PART PLAYED BY HIM

“A confessional statement made by an accused person and properly proved is the best guide to the truth of the part played by him – Salawu Vs State (2011) 7 SCNJ 67 at 70.” PER T. Y. HASSAN, J.C.A

CONFESSIONAL STATEMENT OF AN ACCUSED –AN ACCUSED CAN BE CONVICTED ON HIS VOLUNTARY CONFESSIONAL STATEMENT

‘‘An accused person can be properly convicted on his confessional statement alone if it is proved to have been made voluntarily and it is positive and amounts unequivocally to his admission of guilt. See Ismail Vs The State (2011) 7 SCNJ 102 at 105.’’ PER T. Y. HASSAN, J.C.A

PROOF OF ARMED ROBBERY –INGREDIENTS THE PROSECUTION MUST PROVE IN A CASE OF ARMED ROBBERY

“In the case of armed robbery, the prosecution must prove beyond reasonable doubt the following ingredients; namely that:

I. there was a robbery,
II. the robbery was an armed robbery; and
III. the accused person had taken part in the robbery
See the case of Fatai Olayinka v. The State (2007) 9 NWLR (PL 1040) 561.”PER, M. A. A. ADUMEIN, J.C.A

PROOF IN A CHARGE OF ARMED ROBBERY– WHETHER THE WEAPON USED IN ARMED ROBBERY MUST BE TENDERED IN EVIDENCE

“It is not a requirement of the law that the weapon used in armed robbery must be tendered in evidence by the prosecution. See the case of Fatai Olayinka v. The State (2007) 9 NWLR (Pt. 1040) 561 at 575”. PER M. A. A. ADUMEIN, J.C.A

CASES CITED

STATUTES REFERRED TO

Penal Code

CLICK HERE TO READ FULL JUDGMENT