CHRISTOPHER CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment): In this appeal the appellant along with 2 (two) others have been arraigned on a three-count charge of conspiracy, forgery and attempting to cheat before the trial High Court. The prosecution at the trial has sought to tender me appellant's confessional statements through the investigating police officer (I.P.O.). The appellant through his counsel has objected to the admissibility of the statements alleging that the statements are not voluntary as they have been obtained by use of force exerted by the witness (i.e. I.P.O.) on the appellant. A trial within trial therefore has to be conducted to determine the admissibility of the confessional statements in a word as regards their voluntariness. The prosecution has called three (3) witnesses to close its case. The appellant excluding himself called two witnesses to testify for the defence and has tendered one exhibit, for the defence to close its case. The trial court in ov…
IBEME
V.
THE STATE
(2013) JELR 35713 (SC)
Supreme Court 22 Feb 2013 Nigeria
BriefBot Summary
- The appellant and two others were charged with conspiracy, forgery, and attempting to cheat. - The appellant objected to the admissibility of his confessional statements, alleging they were obtained by force. - A trial within trial was co
Case Details
Suit Number:SC.157/2010
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
CHRISTOPHER MITCHELLCHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Counsel:D. I. Oguadinma with Moses John For Appellant
E. G. Pwajok, Attorney Central of Plateau state with G. D. Fwonyon DDPP, Plateau State Ministry of Justice. For Respondent
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