SAIDU V. THE STATE

• Pages: 70-84

70

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NIGERIAN SUPREME COURT CASES

[1982] N.S.C.C.

SAIDU V. THE STATE

5

INUSA SAIDU

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APPELLANT

V

THE STATE

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RESPONDENT

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10

SUIT NO. SC 31/1981

SUPREME COURT OF NIGERIA

SOWEMIMO,

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J.S.C.

OBASEKI,

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J.S.C.

ESO,

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J.S.C.

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15

NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

23rd April, 1982

Criminal Law and Procedure - Confessional Statement Issue of authorship for

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purpose of weight distinguished - Alleged confession admitted for identification

only an objection by defendant that he neither made nor signed it - Issue

of it's admissibility not resolved by trial judge but conviction based partly

on it - Miscarriage of justice - Conviction set aside.

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ISSUES:

1.

Whether an alleged confessional statement admitted only for identification and

denied by an accused can be relied upon as a basis for conviction.

2.

What is the distinction between an allegation by appellant that his signature on

a confessional statement was obtained by force or trick and where he denies

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it to be his own.

3.

Whether in a criminal trial, documents which are inadmissible can be admitted

in evidence by consent of the parties.

4.

Whether there is a duty on the prosecution to call all the witness listed on the

back of an information.

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FACTS:

The appellant, a Soldier, was charged with murder at the High Court of Onit-

sha in that he stabbed the deceased to death. After hearing part of the addresses

of Counsel and adjoining to a new date for continuation, the learned trial judge

was appointed a justice of the Federal Court of Appeal and the appellant had to

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be arraigned before another judge for trial

de novo.

A confessional statement pur-

portedly made by the appellant was produced at the trial but was only on record

as an identified document waiting for the police officer who recorded it to testify

on how it came into being and to tender it for admission in evidence. In spite of

objections from the defence counsel on the grounds, inter alia that the appellant

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denied knowing the witness, and that the recorder of the document should be in

court to tender it and be cross-examined as to the circumstances of obtaining it,

the learned trial judge admitted the statement in evidence, and relied on it substan-

tially along with the evidence of PW.2, the wife of the deceased in convicting the

appellant.

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The evidence of the recorder (who did not give evidence in the new trial) made

at the previous trial as to how he obtained the disputed statement was admitted

without objection, and on appeal to the Court of Appeal this was taken by the court

as sufficient compliance with section 34 of the Evidence Act as to allow the wit-