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WHERE ACCUSED PLEADS GUILTY TO AN OFFENCE

Dictum

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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INTERPRETER OF AN ACCUSED STATEMENT MUST BE CALLED

It is indeed the law that an accused person’s statement should, as much as possible, be taken down in the exact words of the accused person. Where the statement is thereafter translated into English by another person, the interpreter must be called as a witness in order for the statement in English to be admissible in evidence. Where that interpreter is not called, the statement in English will be regarded as hearsay evidence and will therefore be inadmissible

– Eyop v. State (2018) 6 NWLR (Pt. 1615) 273 (SC) per Sanusi, J.S.C.

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EVERY RULE IN FAVOUR OF AN ACCUSED MUST BE METICULOUSLY OBSERVED

Under our system, there is no onus on an accused to prove his innocence. The law presumes him innocent. There is thus no duly on the accused to help the prosecution prove him guilty. Our law is against self-incrimination. It is in the interest of justice that every rule in favour of an accused person is meticulously observed and that no rule is broken to his prejudice. The least that the trial court could have done for the appellant whose life was at stake, (he was standing trial for his very life) was to inform him of his rights under S.287(1) and it should be apparent on the record that each alternative was explained to the appellant since he was not represented by a legal practitioner.

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

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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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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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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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ONUS ON SUSPECT TO PROVE TORTURE AND OPPRESSION

An area that has to be cleared in the proof of the voluntariness of an extra-judicial statement or that it was involuntarily made, is that while the burden to establish that the statement was voluntarily made rests on the prosecution, the burden of proving any particular fact such as the allegation of torture and oppression regarding the confessional statement lies on the party so asserting which in this case is the appellant.

– M. Peter-Odili JSC. Berende v. FRN (2021)

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