UTTEH V. THE STATE

• Pages: 236-248

236

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NIGERIAN SUPREME COURT CASES

[1992] 1 N.S.C.C.

UTTEH V. THE STATE

5

SYLVESTER UTTEH

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APPELLANT

V.

THE STATE

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RESPONDENT

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APPEAL No. SC. 189/1990.

SUPREME COURT OF NIGERIA

'

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UWAIS,

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J.S.C.

KAWU,

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J.S.C.

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NNAEMEKA-AGU, J.S.C.

WALT,

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J.S.C.

OMO,

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J.S.C.

14th February, 1992.

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Criminal Law - Accomplice - Who is - S. 406 Criminal Code - Demanding with menace -

Ingredients of

Evidence - Hearsay evidence - What constitutes - When admissible - Whether sufficient to

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sustain a conviction - Oral evidence - When it may he given - Admission by conduct -

When it arises - Burden of proof in criminal trial - On whom it lies - Where credible

evidence called by prosecution is unrehutted - Court entitled to accept it.

ISSUES:

1.

What is hearsay evidence and when is it admissible?

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2.

When in law is a person an accomplice.

FACTS:

The appellant and another person were charged with conspiracy to commit a

felony, demanding with menaces with intent to steal, and stealing. They both 35

pleaded not guilty to all the three counts. The victim of the offence was one Dante

Noaro, an Italian who, at the time of the trial, had left the country.

At the trial six witnesses gave evidence for the prosecution. The accused

persons did not testify, resting their case on that of the prosecution. At the

conclusion of the hearing and after counsel's addresses and submissions, the 40

learned trial judge came to the conclusion that the prosecution had with regards

to counts 2 and 3, established the case against both accused persons beyond

reasonable doubts. He therefore found them guilty as charged on those counts

and sentenced them to terms of imprisonment. He however, acquitted and

discharged them on the first court of conspiracy to commit felony.

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Dissatisfied with the decision of the trial court both accused persons appealed

to the Court of Appeal. The appeal was dismissed. The appellant still dissatisfied

with the decision of the Court of Appeal has further appealed to the Supreme Court.

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