Section 28 of the Evidence Act, 2011 defines a confession as “an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed the crime.” Section 29 (1) and (2) of the Act provides that a confession is relevant and admissible in evidence, so long as it is voluntarily made and not as a result of threat or inducement. Where a Court is satisfied that a confession was freely and voluntarily made and that it is direct, positive and unequivocal as to the accused person’s participation in the crime alleged, it may rely solely on the confession to ground a conviction. See: Igbinovia Vs The State (1981) LPELR – 1446 (SC) @ 17 B -D, Onyejekwe Vs The State (1992) 4 SCNJ 1 @ 8; Omoju Vs FRN (2008) 2 SCN 164 @ 177; Adeyemi Vs The State (2014) 13 NWLR (Pt. 1423) 132. These authorities illustrate the substantial weight accorded to a confessional statement in the process of evaluating the evidence adduced by the prosecution. Per KEKERE-EKUN, J.S.C. at P. 6, Para. A.
GIDADO ADAMU v. THE STATE (2019-LCER-36859-SC)
Facts
This appeal is against the decision of the Court of Appeal, Yola Division, delivered on 22/3/2016, which affirmed the judgment of the High Court of Taraba State, Jalingo Judicial Division, delivered on 20/5/2014 convicting the appellant of the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code and sentencing him to death.
P.1
The appellant was alleged to have stabbed one Shuaibu Ahmed on the ribs with a knife on 30th September, 2011 at about 7pm at Namnai Village in Gassol Local Government Area within Jalingo Judicial Division, which act resulted in his death. The appellant pleaded not guilty to the charge. The prosecution called one witness, Sgt. Danjuma Manga, one of the Investigating police officers. The extra Judicial statement of the appellant was tendered through him and marked Exhibit GA1. The appellant testified on his own behalf and called no other witness.
As stated above, at the conclusion of the trial the appellant was found guilty as charged and sentenced to death. The learned trial Judge relied heavily on the appellant’s statement in reaching the guilty verdict. He considered and rejected the defence of provocation allegedly raised in the said statement.
His appeal to the lower Court was unsuccessful, hence the further appeal to this Court.
Issues
1. Whether having regard to the facts and circumstances of the case, the Court of Appeal was right in affirming the trial Court’s judgment admitting and relying on the extra judicial confessional statement of the Appellant (Exhibit GA1) in the absence of an Hausa Language version of Exhibit GA and without the interpreter and recorder of Exhibit GA1 being called as a witness.
2. Whether the respondent proved the case of culpable homicide against the appellant beyond reasonable doubt, as required by law to justify the conviction and sentence of the Appellant to death by hanging, considering the totality of the evidence at the trial?
3. Whether the defence of alibi validly raised by the appellant does not avail him in the circumstances of this appeal?
Lead Judge(ment)
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Lead Judgment):
Held
Appeal Allowed. The Appellant was accordingly, discharged and acquitted.
Alternate Citations
Read Full Judgment
Counsel:
L.O. Fagbemi, Esq……For Appellant
And
Y.N. Akirikwen, Esq. (Hon. A.G. Taraba State) with him, Hamidu Audu, Esq. (D.P.P Ministry of Justice Tabara State), C.R. shaki, Esq. (SCI) and E.T. Anderifun, Esq. (SCI)…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.