Legalpedia Citation: (2013) Legalpedia (SC) 86114
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Feb 14, 2013
Suit Number: SC. 373/2010
CORAM
PARTIES
THE STATE APPELLANTS
AHMED RABIU RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The respondent who was the accused at the High Court was charged with culpable homicide, punishable with death. In the course of the trial, a statement allegedly made by the accused person was admitted in evidence and counsel to the respondent filed a motion objecting to the admission of the said statement, the trial court overruled the objection, after a trial within trial, it admitted the statement in evidence. Dissatisfied with the ruling, the respondent appealed to the Court of Appeal and the judgment of the trial court was set aside, this prompted a further appeal by the appellants to the Supreme Court.
HELD
Appeal allowed
ISSUES
Whether the Justices of the Court of Appeal were right to set aside the findings of facts made by the trial court when the said findings were not perverse or said to be perverse. Whether the Court of Appeal was right to hold that the confessional statement obtained as a result of question and answer cannot be said to be voluntary. Whether the Justices of the Court of Appeal were right when they substituted their views for that of the Trial Court when there was no evidence to back up the views expressed by the Justices of the Court of Appeal.
RATIONES DECIDENDI
CASES CITED
MANSHEP V. THE STATE (1993) 5 NWLR (PART. 292) 129 AT 12
STATUTES REFERRED TO
NONE|