(1965) LCER-345(SC) #
Area of Law: #
This case concerns criminal law, specifically the admissibility of a confessional statement (Exhibit C) in a trial for culpable homicide punishable with death under section 221(a) of the Penal Code of Nigeria.
Brief Facts: #
The appellant was charged and convicted of culpable homicide for allegedly causing the death of a 9-month-old child, Dimas Jida. The child, described as abnormal and causing family anxiety, went missing and was later found buried with a fractured skull. The appellant, the child’s uncle, and his sister (the child’s grandmother) were implicated in the offence. The appellant allegedly made a confessional statement (Exhibit C) to the police, admitting to hitting the child on the head.
Legal Issues: #
- Whether Exhibit C, the confessional statement, was admissible as evidence despite objections that it did not comply with the provisions of section 126 of the Criminal Procedure Law 1960.
- Whether Exhibit C was obtained involuntarily from the appellant, thus rendering it inadmissible.
Ratio Decidendi #
The Court of Appeal considered the arguments raised by the appellant’s counsel regarding the admissibility of Exhibit C:
- Compliance with Section 126 of the Criminal Procedure Law: The appellant argued that the police officer who took the statement did not administer a second caution before the confessional part of Exhibit C. The court rejected this argument, emphasizing that the initial caution administered was sufficient as per the law. It stated that section 126 did not require an additional caution specifically for confessional statements and upheld the admissibility of Exhibit C based on this ground.
- Voluntariness of Exhibit C: The appellant contended that Exhibit C was not voluntary, citing the circumstances under which it was taken. The appellant relied on the case of R. v. Nyinya Kwaghbo (1962) N.N.L.R. 4, where a statement was deemed inadmissible due to police inducement. However, the court found no evidence that the police officer had induced the appellant to make a statement. It noted that the officer had conducted investigations prior to taking statements and had arrested the appellant and his sister. The court concluded that the statement was voluntarily made after initial confessions by the appellant and his sister, and thus admissible.
- Sufficiency of Evidence: The court also considered whether the conviction could stand without Exhibit C. It noted that there was sufficient evidence beyond Exhibit C to support the conviction, including other voluntary statements by the appellant and circumstantial evidence linking him to the crime.
Decision: #
The Court of Appeal dismissed the appeal, affirming the conviction of the appellant for culpable homicide punishable with death. It held that Exhibit C was admissible as evidence, having been obtained in accordance with the law and voluntarily. The court emphasized that the conviction was supported by ample evidence independent of Exhibit C, ensuring that the appellant’s guilt was sufficiently established.