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FRN
V.
DAIRO & ORS

(2015) JELR 40760 (SC)

Supreme Court 30 Jan 2015 Nigeria
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- The case involves a criminal appeal where the admissibility of a confessional statement is in question. - The trial court initially admitted the statement as evidence, but the Court of Appeal later expunged it from the records. - The pros

Case Details

Suit Number:SC.229/2012
Judges:MARY UKAEGO PETER-ODILI JSC OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MOHAMMAD JSC KUMAI BAYANG AKA'AHS JSC CHIMA CENTUS NWEZE JSC
Counsel:S. T. HON, SAN, with D. O. Pendo and G. T. Iorver For the Appellant; S. A. Awomolo, SAN, with F. Folorunso and Jude Daniel Odi for the 1st respondent; Kehinde Ogunwumiju, with B. Adulodun and J. Agbe, for the 2nd respondent; Olumiyiwa Akinboro, with K. Iweka; C. Ezenwafor; B. Lawan; T. Arowolo; J. Adamu and E. Nwali, for the 3rd respondent; Olusegun Jolaawo, with F. C. Ani, for the 4th and 5th respondents.

CHIMA CENTUS NWEZE, J.S.C (Delivering the Leading Judgment): Way back in November, 2009, the respondents in this appeal, [as accused persons], were arraigned before the High Court of the Federal Capital Territory, Abuja. Precisely, by an Amended Charge of fifteen counts, dated and filed on November 19, 2009, they were alleged to have committed various offences under the Penal Code and the Independent Corrupt Practices and Other Related Offences Act, 2000 [ICPC Act, for short].

Sequel to their due arraignment, trial commenced before High Court Number 12 (hereinafter, referred to as "trial Court'). It would appear that there were no procedural hitches when the first nine witnesses were examined in chief; duly, cross examined and discharged, accordingly. However, the prosecution's attempt to tender the extra judicial statement of the first respondent was, stoutly, resisted by counsel for all the accused persons.

PW10 was one Reuben Omosigbo, the principal Investigating Officer. The prose…

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