KAROH V. THE STATE

• Pages: 105-113

KAROH V. THE STATE

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KAROH V. THE STATE

MICHAEL OKAROH

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THE STATE

SUPREME COURT OF NIGERIA

ESO,

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J.S.0

KAWU,

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J.S.0

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BELGORE,

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J.S.0

NNAEMEKA-AGU, J.S.0

WALT,

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J.S.0

19th January, 1990.

APPELLANT

RESPONDENT

SUIT NO. SC. 58/1989

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Criminal Procedure - Appeal - Irregularity of procedure in the Lower court - Attitude of

appellate court. - Absence of trial within trial - effect - Evidence received in the absence

of accused - validity of - capital trials - Duty of counsel -

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- meaning of - Effect.

Evidence - Wrongful admission of evidence - propriety of Words and Phrases -

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-

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meaning of

ISSUES:

1. How can it be proved that the confessional statement of a party was rightly

admitted in evidence by the trial judge.

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2. What is the effect of an absence of a trial within a trial to enable an accused accept

the voluntariness of his Statement.

3.

Whether a trial can be vitiated by the taking of evidence in the absence of the

appellant.

4.

What is the duty of a counsel to his client in a capital trial.

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5. What is a mis-trial.

FACTS:

The appellant and one Tanko Anyankor Ayiku were charged with conspiracy and

culpable homicide punishable with death contrary to s. 85 read together with s.221

of the Penal Code.

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The deceased was an uncle to the appellant. The appellant who had been trained

in Jos as a trader by the deceased demanded the sum of N6000 from the deceased

to commence trading business. He also demanded the sum of N650 which he had

earlier given to the deceased to keep for him, when the latter failed to provide these

sum of money, their relationship became strained and the appellant threatened to

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kill him.

As a result, their town Union in Jos intervened and advised the deceased to give

the appellant N1000.00 and also to refund his money to him, which he did.

On the 15th of February 1973, the appellant carried the deceased on his motor-

cycle to Miango Road on the pretext that he was going to show him the premises

which he had found for his business. On their way, the deceased was attacked and

injured by Tanko a co- conspirator hired by the appellant.

The trial court held that the accused acted in concert with Tanko as a result of

which the deceased was killed in pursuance to the conspiracy and so found him

guilty of murder.

The appellant dissatisfied with the decision of the trial court appealed to the court

of Appeal which affirmed the decision of the trial court.