THE QUEEN VS AZU A. OWOH & ORS
September 4, 2025B.P (WEST AFRICA) LIMITED VS AKINOLA ALLEN
September 4, 2025Legalpedia Citation: (1962-12) Legalpedia 54310 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Dec 7, 1962
Suit Number: SC 342/1962
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
CHUKWUJI OBIASA
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
LAW OF EVIDENCE—CONFESSIONAL STATEMENT—WEIGHT OF EVIDENCE—APPEAL
SUMMARY OF FACTS
The appellant was convicted of murdering one Ntakpu Ngbanyi on 1st December, 1961, at Okpai in the Warri Judicial Division. The defendant gave evidence admitting that he made a statement at the request of the police but repudiating the contents of the confession.
HELD
The appeal is allowed, and a verdict of acquittal was or-dered at the hearing.
ISSUES
Not Available
RATIONES DECIDENDI
CONFESSIONAL STATEMENTS
“The law is that if a man makes a free and voluntary confession which is direct and positive, and is properly proved, a jury may, if they think fit, convict him of any crime upon it.” Per BAIRAMIAN F.J.
CASES CITED
R. v. Walter Sykes, 8 Cr. App. R. 233
STATUTES REFERRED TO
Not Available
