EVIDENCE – CONFESSIONAL STATEMENT – Whether a court can convict solely on the confessional statement of an accused person
“The evidence adduced by the prosecution witnesses pertaining to the three ingredients of the offence of armed robbery is so probable and compelling that any reasonable Court or tribunal can rely on same to convict. Besides all these established facts, appellant’s confessional statements, exhibits 2, 2A and 7 still linger. The confession is a direct, positive and unequivocal admission by the appellant that he was indeed one of the robbers that struck on the 27th day of May, 2012. He also admitted therein to having been in possession of a U.T.C knife which he used to strike PW1 while the third accused person was holding a bottle. In Saidu v State (1982) 4 SC 41, this Court held that a confession can support a conviction if proved to be made and properly tendered and admitted in evidence.” Per CHIMA CENTUS NWEZE, JSC in AKINKUNMI v. STATE (2022-LCER-46533-SC) (Pp 33 – 33; Paras A – E)
Facts
FACTS:
The appellant, who was the second accused person at the Abeokuta Judicial Division of the High Court of Ogun State, was arraigned alongside three other accused persons, on a four-count charge of Conspiracy to commit Armed Robbery, Armed Robbery and Attempted Armed Robbery contrary to Sections 6 (b), 1 (2)(a) and 2 (2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11 Laws of the Federation of Nigeria, 2004.
At the trial, the appellant pleaded not guilty to all charges. The Prosecution called eight (8) witnesses and tendered exhibits in proof of their case. In their defence, the appellant and his co-accused persons testified for themselves and their Counsel addressed the Court. The trial Court, in its judgment delivered on the 19th day of October, 2015, convicted and sentenced the appellant to death by hanging. Dissatisfied with the judgment of the trial Court, the appellant appealed to the Court of Appeal. By a judgment delivered on the 6th day of December, 2019, the Court of Appeal affirmed the decision of the trial Court and dismissed the appeal hence this further appeal to the Apex Court.
Issues
The appeal was determined on the following issues:
1. Whether the lower Court was right in affirming the trial Court’s acceptance of and reliance on the appellant’s confessional statements; and
2. Whether the lower Court was right in affirming the trial Court’s conviction and sentence of the appellant.
Lead Judge(ment)
CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment)
Held
The appeal was unanimously dismissed. The concurrent conviction and sentence of the appellant were further affirmed.
Alternate Citations
(2022) LPELR-57285(SC)
Read Full Judgment
Counsel:
YEMI A. ADESINA, ESQ.
For Appellant(s)
Absent
For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.