Disable Preloader

CaseLaw

Imoh V. State (2016) CLR 7(p) (SC)

Judgement delivered on July 1st 2016

Brief

  • Confessional statement – Propriety of conviction based solely on
  • Confessional Statement – Whether retraction of renders it inadmissible
  • Miscarriage of woman – Offence of causing same
  • Judges Rules
  • Section 68 of the Evidence Act
  • Section 83 of the Evidence Act
  • Section 233 of the Penal Code

Facts

This is an appeal against the judgment of the Court of Appeal, Makurdi Judicial Division, delivered on 10 July 2012.

At the High Court, the appellant was charged under Section 233 of the Penal Code for causing miscarriage to a woman, leading to her death. To prove its case against the appellant after he had pleaded not guilty to the charge, the prosecution relied on the evidence of its lone witness, the investigating police officer. Through the lone witness, Exhibit 2, appellant's confessional statement and Exhibit 5, the post mortem examination report, on the basis of which the High Court convicted the appellant, were admitted.

After a no-case submission that was overruled by the trial Court, the appellant gave evidence in his own defence and also called two others, DW2 and DW4. At the end of trial, appellant was convicted by the High Court as charged.

Aggrieved, the appellant appealed to the Court of Appeal which dismissed the appeal and affirmed the judgment of the High Court.

Further aggrieved, the appellant appealed to the Court of Appeal.

  • (i)
    The debt was a secured loan and hence winding-up petition could not be filed.
  • (ii)
    The respondent made some efforts to pay up. The petition to wind-up was accordingly refused and the appellant was non-suited. The appellant was dissatisfied with the decision of the trial court and appealed to the Court of Appeal.

Issues

  • Whether the conviction of an accused person is sustainable on the basis of...
    Read More