OBIDIOZO & ORS V. THE STATE

• Pages: 1239-1252

OBIDIOZO & ORS V. THE STATE

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1239

OBIDIOZO & ORS V. THE STATE

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1.

UCHE OBIDIOZO

2.

EMMA GEORGE (Alias Ogbogo),

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3. GILBERT EZE (Alias 'OY')

V

THE STATE

SUPREME COURT OF NIGERIA

APPELLANTS

RESPONDENT

SUIT NO. SC 197/1986

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ESO,

UWAIS,

KAWU,

AGBAJE,

CRAIG,

20 4th December, 1987

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

Criminal Law and Procedure - Aimed robbery - Confession - Admissibility of

- allegation of involuntariness - Need for trial within trial to determine

admissibility - Principles applicable - Sections 27 and 28, Evidence Act

-

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Sentence of death by hanging passed by trial Judge - Whether court competent

to prescribe mode of execution - Section 1 (2)(3) Robbery and firearms Decree

1970.

ISSUES:

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1. Whether a trial judge has the power to prescribe the way in which a sentence

of death should be executed.

2. Whether it is open to a trial judge, after finding the accused persons guilty, to

pronounce sentences on some of the counts on which they were convicted,

leaving the others.

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3. Whether the failure of a trial judge to conduct a trial within a trial to determine

the voluntariness of a confessional statement is fatal to the case.

FACTS:

The appellants were charged on four counts with Armed Robbery with violence.

the case for the prosecution was that the appellants had waylaid a bus and robbed

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the passangers at gun point. They were cought at a police check point while trying

to escape. Some confessional statements were tendered which the appellants de-

nied making. Appellants were convicted on all four counts, and sentenced on two.

The death sentence was the only penalty and the trial judge sentenced the appel-

lants to death by hanging. The appellants appealed to the Court of Appeal which

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dismissed the appeal. They further appealed to the Supreme Court contending

that the trial judge erred in admitting the confessions and that he had no power to

prescribe the mode of execution of the death sentence, and also that it was im-

proper of the trial judge to sentence them (the appellants) on only two counts when

they were found guilty on four.

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HELD:

1. That a trial judge does not have the power to prescribe the way in which a

sentence of death should be executed. Only the Governor can dictate the mode

in which an execution should be carried out.