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CaseLaw

Ifaramoye V. State (2017) CLR 2(d) (SC)

Judgement delivered on February 10th 2017

Brief

  • Corroboration – Meaning of
  • Corroboration – Nature of
  • Confessional Statement – Time to object to admissibility of
  • Trial within Trial – Purpose of
  • Relevant facts - Whether every relevant fact is admissible
  • Translator and Interpreter – Whether distinguishable
  • Confessional Statement and documents – Whether mandatory to have them translated before the courts into English
  • Interpreter – Origin and roots of in Nigerian Jurisprudence
  • Confessional Statement – Whether considered hearsay and inadmissible if the interpreter does not testify in Court
  • Confessional Statement – Whether interpreter and recording police officer must be called to testify
  • Wrongly admitted evidence
  • Section 9(b) of the Evidence Act 2011
  • Section 14 of the Court of Appeal Act
  • Section 227 (1) of the Evidence Act, 1990
  • Section 251(1) of the Evidence Act 2011
  • Section 36(6) of the 1999 Constitution (as amended)
  • Section 215 of the Criminal Procedure Law of Ondo State

Facts

This is an appeal from the Judgment of the Court of Appeal, Akure Division delivered on the 3rd day of May, 2013 in which the Court affirmed the appellant's conviction and sentence to death for an offence of murder handed down by the High Court of Ondo State sitting at Okitipupa per P. I. Odunowu J, a judgment delivered on the 29th September, 2006.

The appellant and three others were charged before the Ondo State High Court, Okitipupa division on a one count charge of murder of one Maria Joseph Erhioyore on the 2nd June 1995 at Ode Erinje Village near Okitipupa.

The case of the prosecution was that the deceased, a palm oil dealer, came to the village to buy palm oil from the 1st accused person who knew the deceased for a long time and had promised to supply her with kegs of palm oil. That when the deceased got to the village, the 1st accused took her to the house of the 2nd accused where the appellant and the 4th accused were already waiting. There the four accused Persons tied the neck and mouth of the deceased with a piece of cloth and raped her in turns and in the process she died of suffocation. That they stole her money with which she came to buy the palm oil, N13,500 00 in all and disposed off her body in a shallow pit latrine at the back of the house of 2nd accused. Following a search party, her corpse was found and the accused persons arrested and each made a confessional Statement.

At the trial, 2nd accused pleaded guilty of the charge and was convicted and sentenced to death summarily while the other accused pleaded not guilty and in the end the three accused persons including the appellant were convicted and sentenced to death. Appellant appealed to the Court of Appeal which dismissed his appeal, hence the recourse of the Apex Court.

Issues

  • 1.
    Whether, having regard to the facts and circumstances of this case, the...
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