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RIGHTS EXPLAINED TO THE ACCUSED MUST BE RECORDED

Dictum

In my view, a bald statement, as in this case, that – “the rights of the accused are explained to him” is certainly not enough. Not only should the court record show clearly what the trial court has done, whatever rights have been explained to the accused must be fully recorded see Ama Ema v. The State (1964) 1 All N.L.R. 416, for, indeed, this is the essence of having a court of record.

— Eso, JSC. G. Josiah v. The State (1985) – SC.59/1984

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ONLY EXCEPTION FOR WHEN AN ACCUSED MAY BE ABSENT FROM HIS TRIAL

In any case, the very fact that the 1st appellant and the 3rd appellant were absent in their joint trial in court on 14 June 1999 when the inferior court was addressed and 18 April 2000 when the inferior court delivered its judgment, this exercise of allowing the trial to proceed in the absence of some of the accused persons being jointly tried had rendered the entire proceedings of that court including the judgment a complete nullity for not only denial of fair hearing under section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 but also for failure of that court to give the affected appellants even a hearing that may not be called a fair hearing: Godpower Asakitikpi v. The State (1993) 5 NWLR (Pt. 296) 641 at 657.

— M. Mohammed JSC. The State v. Monsurat Lawal (SC. 80/2004, 15 Feb 2013)

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WHERE ACCUSED PLEADS GUILTY TO AN OFFENCE

The law is settled that if an accused person pleads guilty to an offence with which he is charged, the Court shall record his plea as nearly as possible in the words used by him and if satisfied that he intended to admit the truth of all the essentials of the offence of which he had pleaded guilty, the Court shall convict him of that offence and pass sentence against him unless there appear sufficient cause to the contrary. See Daniel v. F.R.N (2015) 13 NWLR (pt. 1475) 119; Kolo v. COP (2017) 9 NWLR (pt. 1569) 118.

– J.I. Okoro JSC. Balogun v. FRN (2021)

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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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ESSENCE OF AN ACCUSED BEING PRESENT AT HIS CRIMINAL TRIAL

The trial Court having conducted the proceedings of 20/11/2015 in the absence of the Respondent jumped the guns and breached his constitutional right. The essence of the presence of an accused throughout his trial is to afford him an adequate opportunity to play his statutory role and liberty to respond at every stage of the proceedings personally or through a legal practitioner of his own choice for the purpose of ensuring fair hearing.

— U.M. Abba Aji, JSC. State v. Andrew Yanga (SC.712/2018, 15 Jan 2021)

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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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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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