n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

State V. Ajayi (1996) CLR 1 (J) (CA)

Brief

  • Stay of proceedings
  • Interlocutory applications
  • Equitable remedies

Facts

The sum total of both the affidavit and further affidavit of the applicant was that the two Respondents were standing trial at the court below on Information for the Offences of Conspiracy and Murder. That in the course of the said trial, it was sought to tender an alleged confessional statement made by the 2nd Respondent on 11/5/92, which was endorsed before a Superior Police Officer on 4/7/92. However, following an objection to the said statement by learned counsel for 2nd Respondent, that the said confessional statement was not voluntarily given, but obtained as a result of torture by the Police, a "trial within a trial" was conducted with the consent of learned counsel and parties. At the end of the exercise, the learned trial Judge delivered a 12 page considered Ruling on 28/11/94 in which he held that the prosecution had:-

  • "Failed to prove beyond reasonable doubt that the accused made Exhibit A and 'A1' (i.e. the Statement sought to be tendered by the Police voluntarily and accordingly the said Exhibit 'A' and are hereby declared inadmissible in these proceedings".

Dissatisfied with the Ruling the learned Senior Counsel who prosecuted this case on behalf of the Attorney General of Edo State, promptly appealed against the said Ruling. An application for a stay of further proceedings at the trial was also done.

The application for stay was refused by the High court whereupon counsel for applicant applied to the court of Appeal for the same relief.

Issues

Whether or not the applicant had sufficiently established a case for the grant...

Read More