DURUGO V. STATE

• Pages: 22-34

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NIGERIAN SUPREME COURT CASES

[1992] 3 N.S.C.C.

KUTIGI, J.S.C.

I have had a preview of the judgment of my learned brother

Ogwuegbu, J.S.C.,

just delivered.

I agree with the conclusion he has arrived at and the reasons thereof. I agree

with him that there is no merit in the appeal which I also dismiss. The decisions of

the lower courts are affirmed.

Appeal dismissed.

DURUGO V. STATE

PETER DURUGO

APPELLANT

V.

THE STATE

RESPONDENT

APPEAL No. SC. 58/1991.

SUPREME COURT OF NIGERIA

KARIBI-WHYTE,

J.S.C.

KAWU,

J.S.C.

WALT,

J.S.C.

KUTIGI,

J.S.C.

MOHAMMED,

J.S.C.

25th September, 1992.

Appeal - Issues of fact decided by trial court - Normally not to be re-opened by appellate

court. Grounds of appeal - Where no argument is proferred on them - What court must

do.

Evidence - Confessional statement - When made involuntarily - Whether admissible -

Voluntary confession - What constitutes - Confession - Where retracted by accused -

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Effect on the maker - What is - Conviction based on confession - Whether corroboration

required - Nature of corroborative evidence required - What is.

Practice and Procedure - Objection to admissibility of more than one statement of accused

- What court must do.

ISSUE:

Whether an appellate court can rely on an accused's confessional statement

proved to be voluntary and true to convict him?

FACTS:

The appellant, along with three others were charged with robbery contrary to

section 1(2) (a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of

1970. At the trial, the pleas of the accused were taken and they all pleaded not

guilty and immediately after their pleas were recorded, the prosecution opened its

case. At the end of the trial, the trial judge found the appellant along with the 2nd

accused guilty as charged and convicted them accordingly, while the 3rd and 4th

accused were discharged and acquitted. The appellant and the 2nd accused

appealed against their conviction and sentence to the Court of Appeal, Lagos

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