CHIDIEBERE AJOKU v. STATE
(2018)LCN/12310(CA)
In The Court of Appeal of Nigeria
On Wednesday, the 19th day of December, 2018
CA/OW/166CD/2014
RATIO
EVIDENCE: WHETHER A MAN’S CONFESSION IS ONLY AGAINST HIM
“Section 29(4) of the Evidence Act 2011 provides as follows: “Where more persons than one are charged jointly with an offence and a confession made by one of such persons in the presence of one or more of the other persons so charged is given in evidence, the Court shall not take such statement into consideration as against any of such other persons in whose presence it was made unless he adopted the said statement by words or conduct.” It is trite law that a man’s confession is only evidence against him and not his accomplice. See Nsofor Vs. The State (2005) ALL FWLR (Pt. 242) 397; Ozaki Vs. The State (1990) 1 NWLR (Pt. 124) 92.” PER RAPHAEL CHIKWE AGBO, J.C.A.
JUSTICES
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
IBRAHIM ALI ANDENYANGTSO Justice of The Court of Appeal of Nigeria
Between
CHIDIEBERE AJOKU Appellant(s)
AND
STATE Respondent(s)
RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment):
The appellant was the 9th accused in Charge No. HOW/37C/2002 which charge was tried by the High Court of Imo State sitting at Owerri. They were 11 accused persons. They were charged with the murder of Okechukwu Osuji. The prosecution called 4 witnesses and closed its case.
The accused persons each testified for himself and closed their cases. The trial judge in a considered judgment convicted all the accused persons except the 3rd, 6th and 7th and sentenced them to death.
Dis-satisfied with the judgment the appellant filed this appeal.
The appellant raised two issues for determination to wit:
1. Whether the Statement of the 1st Accused person EJIKE OKORO tendered in the course of the trial as EXHIBITS ‘A’, ‘C’ & ‘Q’ in the lower Court implicating the appellant in law, can be used to convict the appellant, the appellant having not adopted it as his statement or part of his evidence in his defence.
2. Whether the prosecution has proved beyond reasonable doubt as required by law that the Appellant murdered the deceased (Okechukwu Osuji) for which he was convicted and sentenced by the trial Court.
The respondent also raised similar issues. Appellant’s counsel has argued that the appellant was convicted solely on the confessional statement of the 1st accused tendered as exhibits A, C, and Q. He is correct. I have plowed through the record of appeal and found no other shred of evidence linking the appellant to the commission of the offence outside the confessional statement of the 1st accused. These statements were not even made in the presence of the appellant. Section 29(4) of the Evidence Act 2011 provides as follows:
“Where more persons than one are charged jointly with an offence and a confession made by one of such persons in the presence of one or more of the other persons so charged is given in evidence, the Court shall not take such statement into consideration as against any of such other persons in whose presence it was made unless he adopted the said statement by words or conduct.”
It is trite law that a man’s confession is only evidence against him and not his accomplice.
See Nsofor Vs. The State (2005) ALL FWLR (Pt. 242) 397; Ozaki Vs. The State (1990) 1 NWLR (Pt. 124) 92.
The appellant was wrongly convicted. It is unnecessary to go into issue 2. His conviction and sentence on 25th June 2013 is hereby quashed and in its place is entered a verdict of not guilty. He is acquitted and discharged.
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree
IBRAHIM ALI ANDENYANGTSO, J.C.A.: I agree
Appearances:
D.O. Agbo with him, A. J. Nwankwo Ukeh (Mrs.) and G.C. NkwochaFor Appellant(s)
Mrs. K.A. Leweanya (Chief State Counsel) with her, Uche S. ChukwuFor Respondent(s)
