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CaseLaw

FRN V. Dairo (2015) CLR 1(g) (SC)

Judgement delivered on January 30th 2015

Brief

  • Issues for determination
  • Right of Appeal – Categories of and exercise of
  • Notice of Appeal
  • Abuse of Court Process
  • Withdrawal of one notice of Appeal leaving one in existence
  • Technicalities – Appellate court attitude to
  • Trial within a Trial – When it will be held
  • Confessional Statement – Voluntariness of
  • Section 28 (now Section 29) of the Evidence Act
  • Section 242 of the Constitution (as amended)
  • Section 241 of the Constitution (as amended)
  • Order 6 Rule 2(1) of the Court of Appeal Rules 2011
  • Order 7 Rule 1 of the Court of Appeal Rules, 2011
  • Order 17 Rule 1 of the Court of Appeal Rules 2011
  • Order 7 Rule 2 of the Court of Appeal Rules, 2011
  • Order 17 Rule 2 of the Court of Appeal Rules 2011
  • Order 18 Rule (1) of the Court of Appeal Rules 2011
  • Section 7(6) of the 1999 Constitution
  • Section 251(l)(q) of the 1999 Constitution
  • Section 131(1) of the Evidence Act, 2011
  • Section 135 of the Evidence Act, 2004
  • Section 134(1) of the Evidence Act 2004
  • Section 132 of the Evidence Act, 2011
  • Section 7(2)(b) of the Federal Universities of Technology Act 2004
  • Section 17(1) of the Federal Universities of Technology Act (FUTA), 2004
  • Section 2(a) of the Public Officers Protection Act 2004
  • Order 1 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules

Facts

This is an appeal against the decision of the Court of Appeal, Abuja Judicial Division in which the Court of Appeal or court below allowed the appeal of the 1st respondent and set aside the decision of the trial court dated 1st March, 2011 which had after a trial - within- trial admitted a confessional statement made by the said 1st respondent in evidence as being voluntary. Against the judgment of the court below the appellant filed a 17 ground Notice of Appeal.

  • FACTS BRIEFLY STATED

The main trial in charge No.CR/09/2008 was going on and PW10, Reuben Omosigbo was testifying, the 1st respondent's counsel and other defence counsel raised objection to the confessional statement made by the 1st respondent on the ground of involuntariness. The counsel to the 1st respondent objected to the statement on the ground that it was the product of a question and answer session. The learned trial Judge ordered a trial- within- trial to determine the voluntariness of the confessional statement. In the course of the sub-trial the 1st respondent admitted severally under cross examination that he signed the confession voluntarily.

The trial court admitted the statement was made voluntarily hence the appeal by 1st respondent to the court below upon two notices of appeal.

The appellant filed a notice of preliminary objection to the competence of the appeal before the court below which court overruled the objection and allowed the appeal, setting aside the ruling of the trial court. It is against that judgment that the appellant has come before the Supreme Court.

Issues

  • Whether the Court of Appeal was right when it held that it was regular...
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