Judiciary-Poetry-Logo
JPoetry

ADMISSION OF AN OFFENCE MAY AMOUNT TO SUFFICIENT CORROBORATION

Dictum

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

Was this dictum helpful?

SHARE ON

ADMITTED NEED NO FURTHER PROOF

As in law what is admitted need no further proof Kamalu v. Umunna (1997) 5 NWLR (Pt.505) 321 at 326.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

Was this dictum helpful?

ADMISSION IS NOT IPSO FACTO TRUTH OF THE CASE

I may repeat that an admission does not necessarily mean proof of what is contained therein. An admission relied upon by any party is not ipso facto accepted to be the truth by the court once it is not in accordance with the truth of the case. It is the duty of the court to decide the case in accordance with the facts pleaded and proved to be true.

— Olatawura JSC. African Continental Bank Ltd. v. Alhaji Umaru Gwagwada (SC.26/1990, 29 APR 1994)

Was this dictum helpful?

CORROBORATION AND CLASSES OF CRIMINAL CASES

I now come to consider the class of criminal cases in which corroboration is required to prove the guilt of the accused. It is common ground that in all cases where the law provides that corroboration is necessary, a conviction of an accused can only be valid when there is such corroborative evidence. That is the case where statutory corroboration is required. But there are other cases in which though there is no statutory requirement for corroboration, yet as a matter of practice, corroboration though not essential, is almost always required before conviction. The latter is mostly in cases of evidence on oath. Any witness in any of these categories would conveniently be regarded as “suspect” witness and that is why the law requires that if any conviction is to be based on their evidence, the Judge must warn himself or the jury as the case may be, of the danger of convicting on the uncorroborated evidence of such witness. Lord Diplock in D.P.P. v. Hester (supra) explained the danger sought to be cleared by this rule when he said on P.244 of the report that:- ‘The danger sought to be obviated by the common law rule in each of these three categories of witnesses is that the story told by the witness may be inaccurate for reasons not applicable to other competent witnesses, whether the risk be of deliberate inaccuracy, as in the case of accomplices, or unintentional inaccuracy, as in the case of children and some complainants in cases of sexual offences. What is looked for under the common law rule is confirmation from some other source that the suspect witness is telling the truth in some part of his story which goes to show that the accused committed the offence with which he is charged.’

— Kalgo, J.S.C. Okon Iko v State (2001) – SC.177/2001

Was this dictum helpful?

MEANING OF ADMISSION IN LAW

In law, admission: is a concession or voluntary acknowledgement made by a party of the existence of certain facts; a statement made by a party of the existence of a fact which is relevant to the cause of his adversary; a voluntary acknowledgment made by a party of the existence of the truth of certain facts which are inconsistent with his claims in an action.

— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

Was this dictum helpful?

WHERE FACT NOT COUNTERED IN LAW, IT IS DEEMED ADMITTED

In the two separate counter-affidavits filed by the appellant in response to the affidavits in support of the Notices of intention to rely upon Preliminary Objection by the respondents there is no averments which countered the facts deposed to by the respondents in their respective affidavits in support as summarised above. The law is well settled that any fact which has not been categorically countered or denied by a party, that fact is deemed admitted in law by the other party. See: Nzeribe v. Dave Eng, Co. Ltd (1994) 8 NWLR (Pt.361) 124; Omoregbe v. Lawani (1980) 3-4 SC 108. See also section 75 of the Evidence Act, LFN, Cap.112, 1990.

— I.T. Muhammad, JSC. EFET v INEC (SC.207/2009, 28 January 2011)

Was this dictum helpful?

WHAT IS CORROBORATION

In Dagayya v. The State (2006) 7 NWLR (Pt 980) 637 held thus: “Corroboration entails the act of supporting or strengthening a statement of a witness by fresh evidence of another witness. Corroboration does not mean that the witness corroborating must use the exact or very like words, unless the matter involves some arithmetic”. PER TOBI J.S.C.

Was this dictum helpful?

No more related dictum to show.