.
hbriefs heading animation Search for cases summary on Hbriefs like hbriefs on facebook follow hbriefs on twitter

BOOK: First 2-Years as a Law Student: Experiences and Lessons - visit website

JUMP TO CONTENT

Commissioner of Police v. Ephraim Alozie (2017) - SC


place advert here


icon CASE SUMMARY OF:

Commissioner of Police v. Ephraim Alozie (2017) - SC

by PaulPipar
icon THEME(S)

- Arm robbery;
- Confessional statement;
icon PARTIES

APPELLANT
Commissioner of Police

v.

RESPONDENT
Ephraim Alozie
icon CITATION

3PLR/2017/87 (SC);
icon COURT

Supreme Court
icon LEAD JUDGEMENT DELIVERED BY:

Nweze, JSC
icon LAWYERS WHO ADVOCATED

* FOR THE APPELLANT
- F. Egele

* FOR THE RESPONDENT
- Aliyu Saiki
The member(s) and administrator(s) of HCB put in energy in order to provide the cases summary they do on this online platform. We desist from charging you a fee, and we have decided to keep this online platform free and accessible for as long as we deem fit. However, in order to keep alive the impetus that makes us provide these free services, kindly make a donation, if you can.
Bank: Zenith Bank.
Name: Branham Paul Chima.
Account No.: 2178756839.


icon FACT

The respondent herein, Ephraim Alozie, was arraigned before the High Court of the Federal Capital Territory, Abuja, for the offences of conspiracy and armed robbery.

In proof of their cases, the prosecution called five witnesses, PW1 – PW5. While PW3 was the victim, PW2, a co-accused person, testified in favour of the prosecution. PW1 and PW5 were the police officers involved in the investigation of the cases. While the PW1 received the report of the robbery incident and recovered certain items from the locus criminis, the Investigating Police Officer, PW5, in his evidence, identified and tendered a confessional statement which the respondent, allegedly, made.

The said statement was recorded by Emmanuel Okoye who was a member of the investigation team. The said statement was admitted in the proceedings as exhibit B. The evidence of the PW2 was that both himself and the respondent were members of an armed robbery gang. He, it was, who spied on the victim, the deceased person, prior to the robbery incident. On his part, the respondent, not only denied making the said exhibit B; he equally denied committing the offence he was charged with.

The court (hereinafter, simply, referred to as “the trial court”), upon finding him guilty as charged, convicted and sentenced him.

His appeal to the Court of Appeal, Abuja Division was successful. The said court (hereinafter, simply, referred to “the lower court”) quashed his conviction and sentence, hence, this further appeal by the prosecution.
icon ISSUE(S)

Whether the court below was right in rejecting and expunging the confessional statement, exhibit B, from the evidence on the ground of failure to conduct trial-within-trial resulting in the discharge and acquittal of the respondent of the offences of criminal conspiracy and armed robbery?
icon HOLDING & RATIO DECIDENDI

[APPEAL: DISMISSED]

1. ISSUE 1 was judged in favour of the respondent.

RATIO: i. It is as clear as day, that the appellant’s objection was to the voluntariness of the statement sought to be tendered, and the judge ought to have known so.
Apart from the clear words used in objecting, other evidence led before the court, clearly raised the issue of the voluntariness of the statement, which the trial judge should have considered. For before the prosecution applied to tender the appellant’s statement, PW2, David Udoh, had given evidence before the court and stated at page 188 of the record, that: ‘They took Peter and Ephraim (appellant) to the theatre and flog (sic) them to confess who killed the man who died at Dape. Peter said he was the one who shot the man. Ephraim said he was the one who was holding the gun…’

ii. The only process of determining the voluntariness of a confession is through a trial-within-trial, Mbang v. State (2013) All FWLR (Pt. 674) 102, (2013) 7 NWLR (Pt. 1352) 48, 72. This is also the only process of testing the admissibility of a confession where it is challenged on the grounds of threat, undue influence, duress, etc, Nsofor v. State (2004) 18 NWLR (Pt. 905) 292, (2005) All FWLR (Pt. 242) 397; Auta v. State (1975) 4 SC 125; Gbadamosi v. State (1991) 6 NWLR (Pt. 196) 182.
icon REFERENCED


icon SOME PROVISIONS


icon RELEVANT CASES


icon NOTABLE DICTA


Get that your business, idea, or work available to the public. HCB gets sufficient amount of visits daily. Utilise this golden opportunity to make your product(s) available to the public domain by advertising on this website. If you are interested in advertising on this platform, click "place my advert".

place my advert

place advert here
Go to Crowdfire

* PROCEDURAL

* SUBSTANTIVE

In my considered view, the trial court here, ought to have known and ought to have considered the objection to the admissibility of the statement was clearly and crucially based on its non-volutariness and not that it was simply a denial of making it. In such a situation, the trial judge had a duty to subject that statement to the test of voluntariness before he could admit it into (sic) evidence. The only way known to law is to conduct a trial-within-trial. - Nweze, JSC. COP v. Alozie (2017)

As a corollary, the courts are bound to reject an accused person’s confession which eventuated from torture, duress, threat or inducement. - Nweze, JSC. COP v. Alozie (2017)

For this purpose, it [the trial court] would, consider issues, such as the ones indicated hereafter. They are: whether there is anything outside the confession which may vindicate its veracity; whether it is corroborated in any way; whether its contents, if tested, could be true; whether the defendant had the opportunity of committing the alleged offence; whether the confession is possible and the consistency of the said confession with other facts that have been established. - Nweze, JSC. COP v. Alozie (2017)
The end of this brief.


If this brief was aidful to you, LIKE Hbriefs on Facebook and FOLLOW Hbriefs on Twitter to get frequent Legal updates from Hbriefs.
kind_emoji


place advert here




USE THE SEARCH BOX BELOW
If the search box is not available below, it is due to network issues; in that case, reload page or check back again.
The search feature works perfect! Although the search feature might not capture very recent uploaded cases; If you did not get a particular case, we recommend entering the Case Summary categories and use your browser search/find feature, or use the request feature below.


JUMP TO TOP


REQUEST A CASE SUMMARY





ABOUT



TERMS AND CONDITONS



ADVERTISE ON HBRIEFS



FOUNDER




Humongouz Empire
© 2018 - 2021

website developed by hzztudio