(2011) JELR 44443 (SC)    

Supreme Court  ·  SC.269/2010 ·  9 Dec 2011 ·  Nigeria
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
reasonable doubt
lower court
confessional statements
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…

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