SILAS SULE VS THE STATE

CORAM

N TOBI, JUSTICE SUPREME COURT

G A OGUNTADE, JUSTICE SUPREME COURT

I F OGBUAGU, JUSTICE SUPREME COURT

I T MUHAMMAD, JUSTICE SUPREME COURT

J O OGEBE, JUSTICE SUPREME COURT

PARTIES

SILAS SULE

APPELLANTS 

THE STATE

RESPONDENTS 

AREA(S) OF LAW

CONSPIRACY – CONFESSION – PROOF

SUMMARY OF FACTS

The accused and 5 other accused persons were charged with conspiracy to commit murder and murder. The trial court discharged and acquitted the other 5 accused but found the appellant guilty and was convicted and sentenced. His appeal to the Court of Appeal was dismissed. He has further appealed

HELD

Appeal dismissed

ISSUES

Whether the Appellant, actually and deliberately stabbed the deceased with the knife or whether the said knife “entered” the tie of the deceased by the act of the Appellant by way of self defence

RATIONES DECIDENDI

PROOF TO SECURE A CONVICTION FOR MURDER

To secure a conviction for murder, the prosecution, must prove beyond reasonable doubt, that the death of the deceased, was caused directly or indirectly, by the act of the accused. It is incumbent on the prosecution to establish not only that the act of the accused person have caused the death of the deceased, but that in actual fact, the deceased died as a result of the act of the accused person to the exclusion of all other possibilities

EVIDENCE OF A SINGLE WITNESS

A single credible witness, can establish a case, beyond reasonable doubt unless where the law requires corroboration.

WHEN A CONFESSION IS INADMISSIBLE

A confession it is settled, does not become inadmissible, merely because an accused person, denies having made it and in this respect, a confession contained in a statement made to the Police by a person under arrest, is not to be treated differently from any other confession.

WHEN AN OFFENCE OF CONSPIRACY CAN BE COMMITTED

An offence of conspiracy, can be committed, where persons have acted either by an agreement or in concert. Bare agreement to commit an offence, is sufficient. The actual commission of the offence, is not necessary.

CASES CITED

1. Princewill v. The State (1994) 7 – 8 SC. (Pt.11) 226 @ 240

2. Ogoala v.The State (1991) 2 NWLR (Pt.175) 509 @ 523

3. Aiguoreghian & anor. v. The State (2004) 3 NWLR (Pt.860) 367

STATUTES REFERRED TO

None

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