ONYEJEKWE V. THE STATE

• Pages: 547-555

ONYEJEKWE V. THE STATE



547

ONYEJEKWE V. THE STATE

ARTHUR ONYEJEKWE



APPELLANT

V.

10 THE STATE



RESPONDENT

APPEAL No. SC. 266/1990.

SUPREME COURT OF NIGERIA

KARIBI-WHYTE,



J.S.C.

BELGORE,



J.S.C.

WALT,



J.S.C.

AKPATA,



J.S.C.

OMO,



J.S.C.

6th April, 1992.

Appeal- Concurrent findings of fact - Wether can be disturbed when no special

circumstances is shown.

Criminal law - Murder - Medical evidence as to cause of death inconclusive - S.8 Criminal

Code - Onus of proof.

Criminal Law and Procedure - Confessional Statements - Failure to object when being

30



tendered Retracted confessional statement - Admissibility of - Effect - Convinction -

Failure to record - Effect of - Whether failure to record can he regarded as irregularity

or mistake.

Legislation -

Section 16 of Court of Appeal Act, 1976 - Appeal Act, 1976 - Power of Court

to enter correct conviction or sentence where trial court failed to do so - Effect - Section

35



22 of the Supreme Court Act - Exercise of power under - Effect.

ISSUES:

1.

When can confessional statements be relied on to ground conviction?

40 2. What is the effect of failure to record a conviction?

3.

What is the position where a sentence based on conviction is not in line with

statutory wordings?

4.

Can the Court of Appeal or Supreme Court enter the correct conviction or

sentence without sending the case back to the trial court?

45 5. What is the attitude of the Supreme Court to concurrent findings of fact?

15

20

25

FACTS:

The appellant was a member of a gang of armed robbers who were operating

at Ogidi on the night in question. In pursuance of this objective they mounted a

road-block. Unfortunately for the operation, instead of civilian vehicles, policemen

involved in an anti-robbery operation approached the road-block. They were asked

to stop by a member of the gang who soon realised it was a police vehicle with

policemen in it and alerted the other robbers laying an ambush in the surrounding

50