AKPAN V. THE STATE

• Pages: 720-724

720

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NIGERIAN SUPREME COURT CASES

[1987] 2 N.S.C.C.

AKPAN V. THE STATE

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5

UDOH AKPAN

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APPELLANT

V

THE STATE

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RESPONDENT

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SUIT NO. SC 132/1985

SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

UWAIS,

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J.S.C.

COKER,

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J.S.C.

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KARIBI-WHYTE,

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J.S.C.

OPUTA,

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J.S.C.

16th May, 1987

Appeal - Allegation of events not supported by the record of proceedings are

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not valid for consideration on appeal - Criminal law - An accused can be

convicted on his confessional statement alone - Plea of alibi - Duty is on the

accused to disclose his plea to police at the earliest opportunity.

ISSUES:

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1.

Whether an accused person can be convicted on his confessional statement

alone.

2.

When should an accused person disclose his plea of alibi to the police and

what particulars in he bound to provide in support?

3 Whether an appellant can be head to complain on appeal that he was not

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allowed at the trial court to call witnesses in support of his alibi when there is

no evidence is on the record of proceedings that the appellant applied to call

such witnesses and that having to applied was refused.

FACTS:

A policeman, the appellant, was charged in the Lagos High Court with the of-

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fences of (1) conspiracy to commit a felony and (2) robbery. The taxi driver whose

car the appellant stole, testified for the prosecution, as well as two persons to whom

the appellant sold the car. After his arrest, the appellant made a confessional state-

ment to the police. However, at the hearing he denied making the statement vol-

untarily. The trial judge held that the statement was voluntary and was sufficient

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by itself to convict the appellant, and that added to the testimony of the witnesses

the guilt of the appellant was clearly established. He convicted him on both counts

and sentenced him to 7 years imprisonment on count (1), and to death on count

(2). The appellant's appeal to the Court of Appeal was unsuccessful; he further

appealed to the Supreme Court where the main ground of appeal was that the trial

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judge had not allowed him to call witnesses to prove his alleged alibi.

HELD:

1.

The trial judge was correct in his view that the appellant can be convicted on

the confessional statement alone, though the evidence of witnesses all clearly

point to the appellant's guilt.

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2.

An accused person relying on an alibi has a duty to let the police know at the

earliest opportunity where and with whom he was at all material times. The

appellant failed to do this in his statement to the police.