(1971) JELR 45178 (SC)    

Supreme Court  ·  SC.16/1970 ·  17 May 1971 ·  Nigeria
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
bulama sini
alleged confession
learned judge
learned trial judge
voluntary confession
above statements
acceptance of a confession
acceptance of the statement
bazza day break
charge of culpable homicide
chukwuji obiasa
confessional statement
evidence of p.c. yola
fasiri wagira fampul
federal supreme court
further evidence
hearing of this appeal
husband vuwa
lassa market
leading judgment
light of other evidence
name massi miffi
next day
penal code
preliminary investigation
preliminary investigations
presence of boima
real sense
right hand
trial judge
vuwa pull
whole day
wife massi

ADEMOLA, C.J.N. (Delivering the Leading Judgment): At the hearing of this appeal on 11th May, 1971, we allowed the appeal of the appellant; acquitted and discharged him on a charge of culpable homicide punishable with death contrary to section 221 of the Penal Code and stated that we would give our reasons later.

We now do so.

The appellant was tried at Maiduguri on 18th November, 1969 and sentenced to death. He was accused of killing one Massi, a woman, by stabbing her with a knife. There was no eye-witness to the killing and indeed there was no evidence connecting the appellant with the killing except a statement allegedly made by him confessing that he killed the deceased.

The learned Judge in his judgment stated that the case against the appellant turned on this confessional statement alleged made to the police, and that the prosecution's case rests on the acceptance of the statement. He continued -

"It was held by the Federal Supreme Court in R. v. Chukwuji Obiasa (1962) 1 All N.…

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