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John v. State

BABANGIDA JOHN

V

THE STATE

COURT OF APPEAL

( ILORIN DIVISION )

TIJJANI ABDULLAHI JCA ( Presided )

SOTONYE DENTON-WEST JCA ( Read the Lead Judgment )

CHIMA CENTUS NWEZE JCA

CA/IL/C.68/2010

MONDAY, 18 JULY 2011

APPEAL - Trial court - Finding of fact by - Attitude of appellate court thereto

CRIMINAL LAW AND PROCEDURE - Accused person - Guilt of Burden of proof of - On whom lies - Evidence Act, section 138 considered

CRIMINAL LAW AND PROCEDURE - Act or omission - When a person is not criminally responsible for

CRIMINAL LAW AND PROCEDURE - Corroboration - Purport of Where necessary - Conviction based on uncorroborated evidence -  invalidity of

CRIMINAL LAW AND PROCEDURE - Culpable homicide - Offence of -  What prosecution must prove to establish beyond reasonable doubt - Failure to - Effect of - Penal Code, section 221 considered

CRIMINAL LAW AND PROCEDURE - Defences available to the accused person on the evidence - Duty on trial court to consider all

CRIMINAL LAW AND PROCEDURE - Insanity - Defence of - What must be proved to establish - Burden of proof for - Who bears Standard required for

CRIMINAL LAW AND PROCEDURE - Penal Code, section 221 Culpable homicide - Offence of - What prosecution must prove to establish beyond reasonable doubt - Failure to - Effect of

CRIMINAL LAW AND PROCEDURE - Self-defence - Meaning of

STATUTE - Evidence Act, section 138 - Accused person - Guilt of - Burden of proof thereof - On whom lies

Issue:

Whether the trial court was right to have convicted the accused person solely on his confessional statement without considering the totality of evidence before it.

Facts:

The accused person was alleged to have caused the death of the deceased by macheting her severally with a cutlass. He was therefore arraigned in the High Court of Kwara State on a one-count charge of culpable homicide punishable with death, contrary to section 221 of the Penal Code. He pleaded not guilty and was convicted by the trial court, which sentenced him accordingly. Aggrieved, he appealed to the Court of Appeal.