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CaseLaw

Saidu V. State (1982) CLR 4(c) (SC)

Judgement delivered on on April 23rd 1982

Brief

  • Confessional statement
  • Miscarriage of justice
  • Confessional Statement
  • Inadmissible documents

Facts

The appellant, an Hausa man from Yola, Adamawa, Gongola State, and a sol¬dier, serving in the Nigerian Army, stationed at Orlu, after receiving treatment for 13 days as a patient in the Military Hospital at Onitsha was discharged on the 14th day. He left the hospital ostensibly to return to his unit. He walked along Bishop Shanaham Street sucking orange fruit as he moved on. It was 11.00 a.m. on 7/10/75, when he came to 41 Bishop Shanaham Street At that point and place he threw away the remains of the orange he had sucked dry carelessly and it landed on the deceased on the right cheek. The deceased did not take kindly to such conduct and he remonstrated with the appellant. The appellant retorted, became abusive and poured out of his mouth the words "Da brubanka Nyamirin Banza" which was taken as abuse by the deceased. The appellant, still in a rage, jumped over a gutter, got to where the deceased was and gave him a kick on his private part. A fight ensued but stopped after Adolphus, a son of the deceased, had been detailed to go for the police by P.W.2, the wife of the deceased. There were five Hausamen civilians around who showed sympathy for the appellant. Following the insistence of the 5 Hausamen that the deceased be taken to and handed over to the military police, they (five Hausamen) grabbed and took the deceased and headed for the military police station at Uga Street, Onitsha. The appellant also accompanied them and. of course, the relations of the deceased including 2nd P.W. his wife followed. On the way to the military police station, they beat up the deceased and the appellant drew his dagger and stabbed the deceased on the neck. Mortally injured, the deceased fell to the ground whereupon the appellant and the five Hausamen took to their heels and disappeared from view. The de-ceased bleeding profusely from the stab wound, got up and rushed to the civilian police station. There he, through P.W.2, lodged a complaint before he was taken to Iyienu hospital where he later died following heavy loss of blood from the stab wound which extended to the oesophagus. The appellant after being identified by 2nd P.W. to the police was later arrested that afternoon and charged.

The appellant after being cautioned, made a statement Exhibit C to the police - Corporal Igbinosun and because it was in part confessional, P.W.3. Frank Odita, attested it after the appellant accepted the statement as his. This statement was admitted for identification but it has featured very prominently in the Judgment. It reads:

  • "On 7/10/751 go Bishop Shanaham Road, them dey drink. Me I buy my drink. One man de there, he begin fight me. They reach like seven people wey they there. Me self I beat them. Them dey cause me, and me I begin dey cause them. One man get up and give me slap and I ask am why he slap me. That time they don gather me dey beat me. They fell me down, they begin they march me say we all be army. When I got up, I take one knife wey I pick from ground and I chuck the man for neck. People wey dey there take the knife and my money the sum of N70 with my shoe and shirt. I no know any of this people before. I nor well na belly dey pain me. Na only neck I cutam. I pick the knife from one girl pan who dey sell orange. I nor know the man before and we nor quarrel. I nor know any of them before, I know the place, but I nor fit know any of the people. I do not know if the man die." Signed YNKN"

    • P.W.2, Comfort Ufondu was the only witness who testified as an eye witness among the 7 witnesses who testified at the instance of the prosecution.

    The conviction of the appellant was founded principally on the confessional statement Exhibit C, and the oral testimony of p.w.2 by the learned trial Judge who said inter alia in his judgment:

    • "on the controversial alleged confessional statement of the accused Exhibit C, I have no doubt in my mind that the accused made the statement. I believe the evidence of p.w.3. Mr. Odita that accused admitted before him that he made the statement voluntarily, I am satisfied that all the requirement for admissibility of confessional statements were complied with and that the statement was properly admitted in evidence at this trial.' (Italics mine).…………………………………….. ……………. "Having settled the issue of the confessional statement of the accused, the court could on the basis of that statement convict the accused. But as I said earlier, I believe completely the evidence of the wife of the deceased. I am aware of the fact that p.w.2 is the wife of the deceased and that her evidence should be re¬ceived with caution. In the circumstances …….. I nevertheless caution my¬self about her evidence. But her evidence is not the only evidence against the accused. The confessional statement taken together with the evidence of p.w.2 in my view reinforces my belief that the accused killed the deceased." (Italics mine).

      • Aggrieved by the conviction and sentence, the appellant appealed to the Federal Court of Appeal. His appeal was heard by the Federal Court of Appeal (consisting of Ademola, Aseme and Belgore, J.J.C.A.) and in a considered Judg¬ment, the Court (Belgore. J.C.A. dissenting) dismissed the appeal. Still aggrieved, he has brought his appeal against conviction and sentence to this court

Issues

  • 1
    Was the alleged controversial confessional statement, Exhibit C...

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