AKINWUNMI AKINKUNMI

v.

THE STATE

SUPREME COURT OF NIGERIA

MUSA DATTIJO MUHAMMAD JSC (Presided)

CHIMA CENTUS NWEZE JSC (Read the Lead Judgment)

UWANI MUSA ABBA-AJI JSC

HELEN MORONKEJI OGUNWUMIJU JSC

ADAMU JAURO JSC

SC. 1568/2019

FRIDAY, 4 MARCH 2022

APPEAL - Findings of fact by two lower courts - Where concurrent - Supreme court - Attitude of

COURT - Supreme Court - Attitude of to concurrent finding of fact by two lower courts

CRIMINAL LAW AND PROCEDURE - Armed robbery - Conviction for - Offensive weapon - Whether mandatory to tender

CRIMINAL LAW AND PROCEDURE - Armed robbery - Offence of - Ingredients of

CRIMINAL LAW AND PROCEDURE - Armed robbery - Offence of - Relevance of - Use of force in commission of - Prosecution - Onus on to prove

CRIMINAL LAW AND PROCEDURE - Attempt - Attempted robbery - Offence of - Ingredients of

CRIMINAL LAW AND PROCEDURE - Confessional statement - Admissibility of - Where retracted and where objection to is raised on grounds of involuntariness - Court - Attitude of thereto - Proper time to challenge

CRIMINAL LAW AND PROCEDURE - Confessional statement - Conviction - Propriety of basing on solely

CRIMINAL LAW AND PROCEDURE - Confessional statement - Retraction of - Proper approach of court to

CRIMINAL LAW AND PROCEDURE - Confessional statement - Retraction of during trial - Whether relevant

CRIMINAL LAW AND PROCEDURE - Confessional statement - Where evidence fixes accused at scene of crime - Direct evidence on - Effect of

CRIMINAL LAW AND PROCEDURE - Conspiracy - Ingredients of

CRIMINAL LAW AND PROCEDURE - Conspiracy - Offence of - What constitutes - Independence of from main offence

CRIMINAL LAW AND PROCEDURE - Conviction of accused - Propriety of basing on credible evidence of lone witness

CRIMINAL LAW AND PROCEDURE - Criminal case - Parties in - Confessional statement - Inclusion of in prosecution’s case

CRIMINAL LAW AND PROCEDURE - Defences - All defences available to accused - Trial court - Onus on to consider all - Whether required to scout for

CRIMINAL LAW AND PROCEDURE - Firearms and offensive weapon - What constitutes - Section 403B, Criminal Code Act considered

CRIMINAL LAW AND PROCEDURE - Identification evidence - Identification parade - When essential

CRIMINAL LAW AND PROCEDURE - Offence alleged - Ingredients of - Prosecution - Onus on to establish - vital witnesses - Propriety of calling for

CRIMINAL LAW AND PROCEDURE - Offence alleged - Ingredients of - Prosecution - Failure to establish all - Effect of

CRIMINAL LAW AND PROCEDURE - Standard of proof in criminal trials - Proof beyond reasonable doubt - When satisfied - Static nature of burden for on prosecution - Admission of guilt by accused - Whether relieved by

EVIDENCE - Confessional statement - Admissibility of - Where retracted and where objection to is raised on grounds of involuntariness - Court - Attitude of thereto - Proper time to challenge

EVIDENCE - Confessional statement - Conviction - Propriety of basing on solely

EVIDENCE - Confessional statement - Retraction of - Proper approach of court to

EVIDENCE - Confessional statement - Retraction of during trial - Whether relevant

EVIDENCE - Confessional statement - Where evidence fixes accused at scene of crime - Direct evidence on - Effect of

EVIDENCE - Identification evidence - Identification parade - When essential

EVIDENCE - Standard of proof in criminal trials - Proof beyond reasonable doubt - When satisfied - Static nature of burden for on prosecution - Admission of guilt by accused - Whether relieved by

EVIDENCE - Witnesses - Lone witness - Credible evidence of - Conviction of accused - Propriety of basing thereon

STATUTE - Criminal Code Act, section 403B - Firearm and offensive weapon - What constitutes

Issues:

1. Whether the lower court was right in affirming the trial court’s acceptance of and reliance on the appellant’s confessional statements; and

2. Whether the lower court was right in affirming the trial court’s conviction and sentence of the appellant.

Facts:

The appellant was arraigned alongside three other accused persons, in the High Court of Ogun State, on a 4-count charge of conspiracy, attempted armed robbery and armed robbery, contrary to sections 6(b), 2(2)(a) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, 2004. They were alleged to have conspired and did commit armed robbery, stealing motorcycles with aid of guns. Confessional statements made by the appellant were tendered in evidence without objection. The trial court found the accused persons guilty and sentenced them accordingly.

Dissatisfied, the appellant appealed to the Court of Appeal. Upon dismissal of the appeal, the appellant appealed to the Supreme Court contending that the lower court erred in affirming his conviction not based on proper identification.

Held: Subscribe to access complete report.

Latest Updates