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IDAGU
V.
STATE

(2018) JELR 39293 (SC)

Supreme Court 13 Apr 2018 Nigeria
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- The appellant was tried and convicted for the murder of two persons and sentenced to death. - The appellant objected to the admission of his statement to the police, but the trial court found it to be voluntary and admitted it as evidence

Case Details

Suit Number:SC.678/2015
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Counsel:Adekunle Ojo Esq.with him, Emeka Diribe Esq. For Appellant F. Omotosho Esq, with him T. Adedipe Esq. For Respondent

AMINA ADAMU AUGIE, JSC (Delivering the Leading Judgment): The Appellant was tried and convicted by the High Court of Ondo State, for the murder of two persons - Stephen Ogbeche [first deceased] and his son, John Ogbeche, [second deceased]. He was sentenced to death.

The Prosecution called five Witnesses and tendered four Exhibits, including the Appellants Statement to the Police, which he had objected to on the ground of involuntariness. The trial Court conducted a trial-within-trial and found that the Statement was indeed made voluntarily, and the Statement was thereafter admitted in evidence as Exhibit P2.

In his defence, the Appellant denied the Charge and gave his own version of what transpired on that day, which amounted to self defence. He testified that he accompanied "Julius Ogbeche" to obtain a loan of N4, 000.00 from Stephen Ogbeche (first deceased), which he gave him, on condition that Julius pays back N8, 000.00 at the end of November.

When the loan became due, the first dece…

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