IN RE WILLIAMS & ANOR. V. SANUSI

• Pages: 196-203

196

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

We agree with the principles as there stated, and it is therefore necessary for

us to consider the second statement in this case. Counsel for the appellant sub-

mitted that the second statement was also inadmissible on the ground that it was

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not proved to be the statement of the appellant and in this respect pointed out that

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the confession had not been taken down in the language of the accused; that the

interpreter could not remember what was said and did not mark or sign the alleged

confession so as to enable him, as interpreter, to identify it as the statement made

by the accused. Although it is desirable for the interpreter to sign or mark a state-

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ment for identification, we do not think that a failure to do so renders the statement

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inadmissible. Furthermore, it was held in

R. v. Ogbuewu

(12 W.A.C.A., 438) that

a statement is not inadmissible merely becasue it is taken down in a different lan-

guage from the person making it, and the fact that the statement in this case was

made through the medium of an interpreter does not, in our view, exclude this prin-

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ciple. The we ght to be attached to such a confession in the circumstances of any

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particular case is a matter for the trial Judge.

The question which we really have to decide is whether we can safely say that

the trial Judge would certainly have come to the same conclusion if he had proper-

ly directed himself and excluded the first confession. In all the circumstances of

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the case, we feel that we could not safely say that the judge would certainly have

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held that the inducement (and possibly also the threat) made to this illiterate vil-

lager, had been dissipated at the time of the second confession; or, even if he had

so held, that he would necessarily have convicted the appellant on this subsequent

confession alone.

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In these circumstances the appeal succeeds. The conviction and sentence

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must be set aside and a verdict of acquittal entered.

Conviction quashed

3C

IN RE WILLIAMS &

ANOR



SANUS!.

In Re I.A. WILLIAMS

I.A. WILLIAMS & ANOR

V

KARIMU SANUSI

APPELLANT

RESPONDENT

SUIT NO. FSC 232/1960

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FEDERAL SUPREME COURT.

BRETT,

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Ag. C.I.F.

UNSWORTH,



F.J.

TAYLOR,



F.J.

30th June, 1961_

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Civil actions - Practice and Procedure - Parties - Action on Contract against

named Defendants 'for and on behalf of trustees" - Named Defendants some

of Trustees - Trustees an incorporated body under Land (Perpetual Succession)

Ordinance, s.2 - Judgment for Damages ineffectual against Trust property or

the unnamed Trustees - Named Defendant personally liable.

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