JOHN & ANOR.
V.
STATE

(2011) JELR 44443 (SC)

Supreme Court · SC.269/2010 · 9 Dec 2011 · Nigeria

CORAM

ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellants

court

exhibits

appeal

reasonable doubt

lower court

confessional statements

issues

evidence act

honourable court of appeal

learned counsel

court of appeal

grounds of appeal

first time

learned justices of the court of appeal

trial court

confessional statements of the appellants

accused persons

death sentence

brief of argument

briefs of argument

case of the prosecution

civil proceedings

consideration of the submissions of the appellants

firearms act

guilt of the appellants

high court of plateau state

learned trial court

offence of armed robbery

trial judge

admissibility of exhibit

careful perusal of the judgment of the lower court

evaluation of the evidence

evidence of pw3

printed record of proceedings

above provisions

above submission

argument of the learned counsel

direct oral evidence of a fact

evidence of that fact

following cases

following issues

following provisions of the said evidence act

inadmissibility of the confessional statements

leading judgment

odds ltd. v. akatu uba

propriety of pw3

recorder of the said statement

set of gold necklaces value

A. M. MUKHTAR, J.S.C. (Delivering the Leading Judgment): The appellants in this appeal were arraigned with one other before the High Court of Plateau State for the offence of armed robbery, and they were consequently convicted, after the prosecution had proved its case, and the court did not find their defence tenable. After an appeal to the Court of Appeal in which they failed, they have appealed to this court on five and six grounds of appeal respectively, from which issues for determination were raised in this appeal. The issues are:-

"1. Whether the Honourable Court of Appeal was right in affirming the conviction and death sentence passed on the Appellants by the trial Court when exhibits 3 and 5, the alleged confessional statements of the Appellants, which were heavily relied upon by the trial judge, were inadmissible in law.

2. Whether the non consideration of the submissions of the Appellants on exhibits 3 and 5 by the Honourable Court of Appeal was proper.

3. Whether the Honou…

JOHN & ANOR. V. STATE

JOHN & ANOR.
V.
STATE