.
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

Bello Okashetu v. The State (2016) - SC


icon CASE SUMMARY OF:

Bello Okashetu v. The State (2016) - SC

by NSA PaulPipAr
icon LITE HOLDING


iconAREA OF LAW

- Criminal Law
icon TAG(S)

- Illegal possession of firearms.
- Kidnapping.
- Confessional statement.
place advert here


icon PARTIES

APPELLANT
BELLO OKASHETU

v.

RESPONDENT
THE STATE
icon CITATION

(2016) LPELR-40611(SC)
icon COURT

Supreme Court
icon LEAD JUDGEMENT DELIVERED BY:

. Clara Bata Ogunbiyi, J.S.C.
icon APPEARANCES

* FOR THE APPELLANT
- Ohwovoviole, Esq.

* FOR THE RESPONDENT
- Euenmo. Esq.
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


icon FACT (as relating to the issues)

This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division delivered on 9th day of December, 2014. The Lower Court affirmed the judgment of the trial High Court, Asaba, (Delta State) which convicted and sentenced the appellant to three terms of imprisonment to run concurrently for the offence of conspiracy to kidnap, kidnapping and unlawful possession of firearms. The appellant was arraigned before the trial Court on a five count charge of conspiracy to commit armed robbery, armed robbery, conspiracy to commit kidnapping, kidnapping and illegal possession of firearms.

The accused/appellant pleaded not guilty to all the five head of counts. At the conclusion of the hearing, the trial Court discharged and acquitted the appellant on the counts of conspiracy to commit armed robbery and armed robbery but convicted him 2 on the other three counts of conspiracy to commit kidnapping, kidnapping and illegal possession of firearms.

On appeal to the Court of Appeal, the appellant's appeal was dismissed. The pivot of the Lower Court's decision was its affirmation of the trial Court's finding that Exhibit A' a confessional statement attributed to the appellant was indeed made by him (appellant) and that the ingredients of the offences charged were contained therein.

The appellant was dissatisfied with the Judgment of the Lower Court and hence filed his notice of appeal now before the Court and containing three grounds of appeal, on the 15th day of December, 2014.
icon ISSUE(S)

1. Whether the Lower Court rightly affirmed the trial Court's decision that the prosecution proved the charges of conspiracy to commit kidnapping, kidnapping and illegal possession of firearms against the appellant beyond reasonable doubt?
place advert here


icon RESOLUTION OF ISSUE(S)

[APPEAL: DISMISSED]

1. THE ISSUE 1 WAS RESOLVED AGAINST THE APPELLANT BUT IN FAVOUR OF THE RESPONDENT.

RULING:
i. There is evidence before the Court which was believed that the appellant was caught soon after the offence was committed. After his arrest he made a statement to the police admitting the facts of this case as presented by the prosecution through the three prosecution witnesses PW1-PW3. Although there was no direct identification of the appellant at the scene of the crime by the prosecution witnesses, the appellant by his confessional statement identified himself at the scene of the crime.

ii. The fact that the appellant was arrested soon after the crime was committed and his confessional statement admitting complicity in the crime has completely destroyed any doubt that may arise as to his identity and involvement in the crime.

iii. For all intents and purposes, I have no reason to depart from the concurrent findings by the two Lower Courts. This I say because it is obvious that the facts relating to appellant's bio-data as contained in Exhibit A' are such that the appellant only was equipped with the knowledge and non other. PW3, no matter his level of ingenuity, he could not possibly have invented the facts supplied by the appellant.
icon REFERENCED


icon SOME PROVISION(S)


icon RELEVANT CASE(S)


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 CASE(S) RELATED


icon NOTABLE DICTA

* PROCEDURAL


* SUBSTANTIVE
The law is also well settled that a free and voluntary confessional statement of an accused person alone is sufficient to sustain his conviction where such voluntary confession of guilt is proved to be direct and positive and the Court is also satisfied as to its truth. - Clara Ogunbiyi, JSC. Okashetu v. State (2016)

Judicial authorities are well grounded that a mere denial by an accused person that he did not make a statement as it is in the case at hand, does not ipso facto render such statement inadmissible in evidence. - Clara Ogunbiyi, JSC. Okashetu v. State (2016)
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




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