STANLEY OSSAI V THE PEOPLE OF LAGOS STATE

CORAM

PARTIES

STANLEY OSSAI APPELLANTS

THE PEOPLE OF LAGOS STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant who the 2nd Defandant at the trial court, was charged, and tried together with one Idris Sanni – 1st  Defendant, for conspiracy to commit armed robbery and armed robbery contrary to sections 403(A) and 402(2) (a) of the Criminal Code Law of Lagos State at the High Court. In the process of the police investigation the Appellant confessed that he committed the alleged offences. The trial court accepted the prosecution’s case which led to the conviction and sentence of the Appellant to death by hanging. Dissatisfied with the judgment of the trial Court, the Appellant filed an appeal to this Court.

HELD

Appeal Allowed

ISSUES

1. Whether the Learned trial Judge was right in the circumstances of this case to have convicted the Appellant based on the retracted confessional statements?

2. Whether the prosecution proved its case beyond reasonable doubt against the Appellant?

RATIONES DECIDENDI

ARMED ROBBERY- IN A CASE OF ARMED ROBBERY WHEN WILL IT BE NECESSARY TO PUT THE WEAPONS IN EVIDENCE AS EXHIBITS

“However, if there is no cogent, reliable and authentic oral evidence of an eye witness and there is also evidence that the weapons were recovered, it will be necessarily to put the weapons in evidence as Exhibits. PER IKEYEGH JCA

ARMED ROBBERY-WHETHER EVIDENCE OF THE USE OR POSSESSION OF FIREARM WOULD BE RELEVANT TO PROVE THE OFFENCE OF ARMED ROBBERY

“Evidence of the use or possession of firearms or offensive weapon would be relevant to prove the aggravated offence of armed robbery. Where there is eye witness evidence indicating weapons were used it suffices without necessarily tendering the weapons, if recovered, in evidence as Exhibits –

CONFESSIONAL STATEMENT- WHEN CONFESSIONAL STATEMENT IS RETRACTED- DUTY OF COURT AS TO THE WEIGHT TO BE ATTACHED TO SAME

“A confessional statement is admissible in evidence notwithstanding the retraction. But in determining the weight to be attached to it, the court should test its truthfulness and reliability by examining the statement in the light of other credible available evidence. It is usual to do this by checking to see (a) whether there is anything outside the confessional statement to show that it is true; (b) whether there is any corroboration; (c) whether the accused person had the opportunity of committing the offence; (d) whether the facts stated in the retracted confessional statement are true as far as can be tested; (e) whether the confession was possible; (f) whether the confession is consistent with the other facts ascertained and proved at the trial. PER IYIZOBA JCA

CONFESSIONAL STATEMENT- WHEN A CONFESSIONAL STATEMENT CAN GROUND A CONVICTION

“A free, direct, positive and voluntary confessional statement is enough to ground a conviction for the offence(s) charged and confessed to by the accused. PER IKEYEGH JCA

CASES CITED

Agboola v. State (2013) LPELR-20652(SC)Akpan v. The State (2000) 12 NWLR (Pt. 682) 607:Gbadamosi vs  State (1991) 6 NWLR (Pt. 196) 192Kareem v. FRN (2002) 8 NWLR (Pt 770) 664Offor vs State (2013) 25 W.R.N 1 @ 28 -29Oseni v. State (2012) 5 NWLR (pt 1213) 350 at 382.Olayinka  vs State 30 NSCQR 149 @ 162 -163

STATUTES REFERRED TO

1. Court of Appeal Act 2004

2. Criminal Code Law Laws of Lagos State, 2003

3. Evidence Act 20011

4. Robbery and Firearms (Special Provisions) Act. 1970

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