BELLO OKASHETU V. THE STATE (2016) 6 S.C. (PT. II) 155

IN THE SUPREME COURT OF NIGERIA

HOLDEN AT ABUJA

ON FRIDAY, THE 24TH DAY OF JUNE, 2016

BEFORE THEIR LORDSHIPS


MAHMUD MOHAMMED: CHIEF JUSTICE OF NIGERIA
SULEIMAN GALADIMA: JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI: JUSTICE, SUPREME COURT
KUDIRAT M.O. KEKERE-EKUN: JUSTICE, SUPREME COURT
JOHN INYANG OKORO: JUSTICE, SUPREME COURT

SC. 838/2014

BETWEEN:

BELLO OKASHETU …….APPELLANT

AND

THE STATE…………..RESPONDENT

Court History:

– High Court from which case arose: High Court of Delta State, Asaba Judicial Division (Coram: Omovie, J.)

– Date of High Court judgment: 25th June, 2013.

– Court of Appeal Division from which appeal arose: Court of Appeal, Benin Judicial Division (Coram: Ogakwu (delivered the leading judgment) Saulawa and Barka JJCA (Concurring)

– Date of Court of Appeal judgment: 9th December, 2014.

MAIN ISSUE:

Criminal Law and Procedure – Conspiracy – requirement of – duty on Prosecution thereby – kidnapping – offence of – when complete -ingredients Prosecution must prove to succeed – illegal possession of firearms – ingredients Prosecution must prove to succeed thereby – confessional statement – whether best evidence – where free and voluntary – whether Accused can be convicted thereon – mere denial – weather renders confessional statement inadmissible – six tests applied by court to test the veracity of a confessional statement – attestation

OKASHETU v. STATE -156- (2016) 6 S.C. (Pt. II)

of confessional statement by police – effect – judges rule – whether provided for in the Nigerian laws – minor contradiction in evidence – whether fatal

Facts

5. The Appellant was arraigned before the High Court, Asaba on a five – count charge of conspiracy to commit armed robbery, armed robbery, conspiracy to commit kidnapping, kidnapping and illegal Possession of firearms. The particulars of the charge are stated below:-

Count I:

10. Bello Okashetu (m) and others now at large on or about the 8th day of March, 2011 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Armed Robbery


Count II:

15. Bello Okashetu (m) and others now at large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division robbed of Mr.

20. Galvagni Renzo (m) of his two Laptops value unknown, one International Passport, one Zenith Bank Cheque booklet, two Hard drive discs, and two Flash drive disc, while armed with a gun.


Count III:

25. Bello Okashetu (m) and others now at large about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Kidnapping.


Count IV:

30. Bello Okashetu (m) and others now at large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division kidnapped one Mr. Galvagni Renzo (m) to unknown destination,

35. in a manner as to prevent any person entitled to have access to him from discovering the place where he was imprisoned.

OKASHETU v. STATE -164- (2016) 6 S.C. (Pt. II)

Cases referred to:

Abirifon v. State (2013) 6-7 S.C. (Pt. III) 101

Adebayo v. A.G., Ogun State (2008) 2-3 S.C. (Pt. II) 50

Adeleke v. Aserifa (1990) 5 S.C. (Pt. I) 104

Adio v. State (1986) 4 S.C. (Reprint) 145

5. Afolabi v. State (2010) All FWLR (Pt. 538) 812

Aituma v. State (2006) All NLR (Pt. 318) 671

Akeredolu v. Akinremi (No.3) (1989) 5 S.C. 102

Akinmoju v. State (2004) 4 S.C. (Pt. 1) 64

Alarape v. State (2001) 2 S.C. 114

Amadi v. Nwosu (1992) 6 SCNJ 59

Anyanwu v. State (1986) 5 NWLR (Pt. 43) 612

10. GLOSSARY OF ISSUES AND OTHER MATTERS IN THIS JUDGMENT.

1. Criminal Law and Procedure – Criminal trials – onus on Prosecution to prove its case beyond reasonable doubt – whether Accused expected to prove his innocence. – p. 169
2. 15. Criminal Law and Procedure – Guilt of Accused – methodsof proof. – p. 175