AUTA V. THE STATE

• Pages: 149-156

149

NIGERIAN SUPREME COURT CASES

[1975] N.S.C.C.

AUTA V. THE STATE

5

ISIAKU LALLUWA AUTA

APPELLANT

V

THE STATE

RESPONDENT

-1

0

SUIT NO. SC 408/1974

SUPREME COURT OF NIGERIA

COKER,

J.S.C.

FATAI-WILLIAMS,

J.S.C.

IRIKEFE,

J.S.C.

11th April, 1975

Χριµιναλ Λαω − Χυλπαβλε ηοµιχιδε πυνισηαβλε ωιτη δεατη υνδερ 5.221 οφ Πεναλ

Χοδε − ςολυνταριλψ χαυσινγ γριεϖουσ ηυρτ υνδερ Σ.247 οφ Πεναλ Χοδε.

Εϖιδενχε − Ωρονγφυλ αδµισσιον οφ χονφεσσιοναλ στατεµεντ − Εϖιδεντιαλ ϖαλυε − Νο

χοµµον ιντεντιον βετωεεν αχχυσεδ ανδ φατηερ το χοµµιτ οφφενχε − Νο µεδιχαλ

εϖιδενχε ασ το χαυσε οφ δεατη − Οβϕεχτσ συπποσεδλψ χαυσινγ δεατη νοτ τενδερεδ

ιν εϖιδενχε − ∆ιφφερενχε βετωεεν Σ.79 ανδ Σ.80 οφ τηε Πεναλ Χοδε − ϑυρισδιχτιον.

ISSUES:

1.

What evidential value should be attached to a confessional statement improperly

admitted in evidence?

2.

What is the difference between the provisions of S.79 and S.80 of the Penal

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Code?

3.

Whether a court, having convicted an accused of a greater offence in the 1st

count of a charge, should proceed to discharge the accused of a lesser offence

in the 2nd count of the charge.

FACTS:

On the day of the incident, some goats belonging to the father of the accused

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strayed on to the farm of the deceased and damaged his crops. The deceased

requested the owner of the goats to tie them up. Apparently angered by this re-

quest, the father of the accused called the accused to come out and beat the de-

ceased to death. The accused thereupon hit the deceased on the neck with a stick.

Deceased fell down bleeding from nose, mouth and ear. While still writhing on

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the ground, the father of the accused set upon him and stabbed him on the head

with a sword and under the eye with a knife. The deceased died on the spot soon

after the attack.

The learned trial Judge found that there was no common intention between the

accused and his father to attack the deceased but said there may have been the

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same or similar intention. He also found that the death of the deceased was caused

either by the act of the accused or by that of the father, or by the combined effect

of both, but made no finding as to which actually caused death.

There was a trial within trial in respect of the alleged confessional statement of

the accused person and on appeal it was argued that this was beset with irregu-

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larities which rendered the statement inadmissible.

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