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CO-ACCUSED CANNOT APPEAL APPLICATION REFUSED RELATING TO AN ACCUSED

Dictum

My Lords, this Appellant, being tried jointly with the 1st Accused, may be a party interested in the outcome of the 1st Accused’s application. He cannot, however, appeal against the ruling in that application without leave of Court first sought and obtained. Doing otherwise, as he has done in this appeal, the Appellant in my view is a busybody meddling in the affairs of the other. See SOCIETE GENERALE BANK (NIG.) LTD. V. 13 AFEKORO (1999) 11 NWLR (pt.628) 521; (1999) 7 SC (pt. iii) 95.

— E. Eko, JSC. Kekong v State (2017) – SC.884/2014

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ACCUSED CAN BE CONVICTED ON HIS CONFESSION

The law is trite that an accused person can be convicted solely on his confession if the confession is positive and direct in the admission of the offence charged. In other words, voluntary confession of guilt whether judicial or extra judicial, if it is direct and positive is sufficient proof of the guilt and is enough to sustain a conviction, so long as the Court is satisfied with the truth of such a confession.

– Abdu Aboki, JSC. Chukwu v. State (2021)

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PERSON ACCUSED OF CRIME STILL HAS ACCESS TO ENFORCE HIS RIGHTS

The fact that a person has been accused of a crime, however serious, will not deny that person access to Court to enforce his fundamental right if these rights have been violated. See Duruaku v. Nwoke (2015) 15 NWLR (Pt. 1483) 417.

– Ngwuta JSC. Ihim v. Maduagwu (2021)

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THE COURT IS TO CONSIDER DEFENCES FOR THE ACCUSED

In criminal trial, not only must the defences of the accused be considered, the Court is bound to consider the defences available to the accused which the accused himself did not raise, especially where the accused is facing a trial in which his life is at stake. See Nwankwoala v. The State (2006) 14 NWLR (Pt. 1000) 663; Adebayo v. The Republic (1962) NWLR 391; Akpabio v. The State (1994) 7 NWLR (Pt. 359) 653; Oguntolu v. The State (1996) 2 NWLR (Pt. 432) 503; Malam Zakari Ahmed v. The State (1999) 7 NWLR (Pt. 612) 641 at 679 and 681.

— P.A. Galinje JSC. Onuwa Kalu v. The State (SC.474/2011, 13 Apr 2017)

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TAKING A SUSPECT BEFORE A SUPERIOR OFFICER IS NOT A LEGAL REQUIREMENT

The procedure of taking a suspect who has made a confessional statement before a superior officer for confirmation is not a legal requirement. It is an administrative practice that has gained judicial approval, as an additional means of ensuring that a confessional statement is voluntary.

– Kekere-Ekun JSC. Berende v. FRN (2021)

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PRIOR CONDUCT OF THE ACCUSED IS ADMISSIBLE TO EXPLAIN ACCUSED’S CONDUCT

Surely, the general rule in criminal as well as in civil cases that the evidence must be confined to the point in issue cannot be applied where the facts which constitute distinct offences are at the same time part of the transaction which is the subject of the charge. Evidence is necessarily admissible as to acts which are so closely and inextricably mixed up with the history of the criminal act itself as to form part of one chain of relevant circumstances, and so could not be excluded in the presentment of the case without the evidence being thereby rendered unintelligible. Thus, in cases of murder, evidence is admissible to show prior assaults by the accused upon the murdered person or menaces uttered to him by the accused, or to show conversely the irritable behaviour by the deceased to the accused. Again, the relations of the murdered man to his assailant, so far as they may reasonably be treated as explanatory of the conduct of the person charged with the crime, can be admitted to prove as integral parts of the history of the alleged crime for which the accused is on his trial. (See R. v. Bond (1906) 2 KB 389 as per Kennedy, J., at pp. 400 and 401).

— Idigbe, JSC. Ishola v State (1978) – SC.8/1977

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ACCUSED WHO PLEADS GUILTY CAN BE CONVICTED SUMMARILY

In the case of F.R.N. v. KAYODE (2019) 6 SC (Pt.1) 165 at 188, this Court, per Galumje, JSC held as follows: “The law is settled that an Accused person who pleads guilty to a criminal charge can be convicted summarily if the Court is satisfied that he intended to admit the truth of all the essentials of the offence.”

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