Admission of an offence by an accused person to other persons may amount to sufficient corroboration in law. So in R. v. Francis Kufi (1960) WNLR 1, the accused was charged with indecent assault against a young girl of 10 years. It was held, and rightly in my view, that the admission of the offence by the accused to the father of the girl was sufficient corroboration in law.
— Iguh, JSC. Okon Iko v State (2001) – SC.177/2001
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More recently in Oteki v. Attorney-General of Bendel State (1986) 2 NWLR (Pt. 24) 648 at 664 this court laid it down as follows:- “I think the learned trial Judge applied the correct principles in determining whether or not to rely on the evidence of P.W.1 for the conviction of the appellant. It is now established that a court can convict upon the evidence of one witness without more, if the witness is not an accomplice in the commission of the offence, and his evidence is sufficiently probative of the offence with which the accused has been charged.” See too Sunday Emiator v. The State (1975) 9-11 SC 107 at 112; Anthony Igbo v. The State (1975)9-11 SC 129 at 134: Joshua Alonge v. inspector-General of Police (1959) SCNLR 516;(1959)4 FSC 203.
Thus, where such evidence is by error or otherwise admitted, then it is the duly of the trial court to expunge it in giving its judgment. If it fails to do so, the appeal court will reject such evidence and consider the case in the light of the legally admitted evidence See Owoniyi v. Omotoso (1961) 2 SCNLR 57, (1961) All NLR 304; Alase v. Ilu (1964) 1 All NLR 390. In any event, it is trite that wrongful admission of inadmissible evidence is not of itself a ground for the reversal of any decision. Similarly, the wrongful exclusion of admissible evidence is not of itself a ground for the reversal of any decision. All these are however dependent on the view held by the appeal court on whether the evidence wrongly admitted or wrongly excluded would have the effect of changing the decision even if admitted or excluded.
— I.T. Muhammad JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)
It is only for the sake of emphasis that I would want to add that it is elementary in criminal trial that before an accused person is asked to undergo any sort of sentence, there must be a finding by the trial court on the concurrence-of the two main elements of any crime that is the actus reus and the mens rea. Actus reus is taken to be the wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea. Mens rea is the criminal intent or guilty mind of the accused. For the prosecution to establish a criminal act against an accused person, it must go beyond establishing the commission of the unlawful criminal act by the accused but must establish that the accused has the correct legal (criminal) mind of committing the act. The two must co-exist whether explicitly or by necessary implication.
— I.T. Muhammad, JSC. Njoku v. The State (2012)
Thus, where both parties have agreed on a fact in issue, no further proof of such fact was necessary as it ceases to be an issue between them:-See Chief Okparaeke of Ndrakaeme & Ors. V. Egbuonu & Ors. (1941) 7 W.A.C.A. 53. In Chief Nwizuk & Ors. v,. Eneyok & Ors. (1953) 14 W.A.C.A. 354, it was held that admissions under this section are not confined to written nor documentary admissions. They include oral admissions if made clearly in open court during the proceedings. Admissions may also be by implication where there is a failure positively to deny an allegation. In Hill V Hogg (1854) 4 Allen (New Brunswick) R 108 it was held that an admission and a confession to the commission may be given in evidence in proof of an imputation.
— Karibe-Whyte, JSC. Din v. African Newspapers (1990)
It therefore follows, in my view, to ask what is the purpose of corroborative evidence In D.P.P. v. Hester (1973) AC 296 at 315, Lord Morris said:- “The purpose of corroboration is not to give validity or credence to evidence which is deficient or suspect or incredible but only to confirm and support that which as evidence is sufficient and satisfactory and credible: and corroborative evidence will only fill its role if it itself is completely credible evidence.”
It is trite that a crucial fact which is admitted does not require further proof as no person would admit a fact which could work against his interest unless it is true.
— J.I. Okoro, JSC. Universal Properties v. Pinnacle Comm. Bank, NJA, Opia, Heritage, Fatogun (SC.332/2008, Friday, April 08, 2022)
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