CASE TITLE: BABAJIDE v. STATE OF EKITI (2026) LPELR-86632(CA)
JUDGMENT DATE: 1ST SEPTEMBER, 2026
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: PETER CHUDI OBIORAH, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the Offence of Kidnapping.
FACTS:
This appeal is against the judgment of the High Court of Justice, Ekiti State, presided over by Hon. Justice A. O. Familoni, delivered on 21st May 2025, wherein the Appellant and his co-accused were convicted for the offences of conspiracy to kidnap and kidnapping.
The case arose from an incident which occurred on 23rd March, 2022, at Oye-Ekiti, involving the alleged abduction of one Atama Emmanuel from his barbing salon. Following the incident, a report was made to the police by Inioluwa Glory Moses, the victim’s fiancée. In the course of the investigation, the police, acting on information obtained from the telephone number used to call Inioluwa Glory Moses to make a demand for ransom, traced the location of the victim to Ifelodun Hotel in Ado-Ekiti, where the victim was rescued, and the Appellant and the other persons connected with the incident were arrested at the said hotel.
Following their arrest, statements were obtained from the Appellant and his co-accused and other persons arrested at the scene. Statements were also obtained from Inioluwa Glory Moses and Atama Emmanuel. The Appellant and his co-accused were subsequently arraigned before the High Court of Justice, Ekiti State, sitting at Ado-Ekiti, and by an Amended Information dated 28th February 2023 and filed on 1st March 2023, stood trial for conspiracy to kidnap, contrary to Section 280 of the Criminal Law of Ekiti State, 2021, and kidnapping, contrary, and they pleaded not guilty to both counts.
At the trial, theprosecutionn called one witness, Inspector Familusi Adebayo of the Rapid Response Squad, Ekiti State Police Command, Ado-Ekiti, as PW1. The statements attributed to the Appellant and his co-accused, together with the relevant attestation forms, were tendered in evidence. They were admitted as Exhibits D, D1, E and E1. The statements of Inioluwa Glory Moses and Atama Emmanuel were also tendered and admitted as Exhibits A and B, respectively. The Appellant objected to the admission of the statements attributed to him and his co-accused on the ground that they were not voluntarily made.
The Appellant testified in his own defence as DW1, while his co-accused, Olajide Nathaniel, and Olajide Funke testified as DW2 and DW3 respectively. In his evidence, the Appellant denied the allegations against him and disputed the circumstances in which his statement was obtained. Exhibit C, being a certified true copy of the enrolled order of the Chief Magistrate’s Court in Charge No. MAD/112/FK/2022, was also tendered in evidence.
The trial Court in its judgment found the Appellant guilty of conspiracy to kidnap and kidnapping and sentenced him accordingly. Dissatisfied with the judgment, the Appellant appealed.
ISSUES FOR DETERMINATION:
The appeal was determined on one issue viz:
“Whether the prosecution proved the offences against the Appellant beyond reasonable doubt since it necessarily involves a consideration of the alleged confessional statement which formed an integral part of the prosecution’s case.”
DECISION/HELD:
The Court, by a majority, dismissed the appeal. Justice Jane Esienanwan Inyang, J.C.A., dissented.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- DEFENCE(S) OF ACCUSED PERSON(S): Duty of court to consider all defences available to an accused person
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF KIDNAPPING: Ingredient(s) of the offence of kidnapping
- EVIDENCE- ADMISSIBILITY OF EVIDENCE: Whether the extra-judicial statement of prosecution witnesses who did not testify will be admissible
- EVIDENCE- CONFESSIONAL STATEMENT: Essence of the provisions of the ACJL/ACJA stipulating video recording/writing in the presence of legal practitioner in the making/taking of a confessional statement
- EVIDENCE- CONFESSIONAL STATEMENT: Whether confession is the best form of evidence in a criminal trial
- EVIDENCE- CONFESSIONAL STATEMENT: Procedure to be adopted when an objection is raised as to the voluntariness of the confessional statement under the High Court of Ekiti State Practice Direction No 1 of 2019
- JUSTICE- ADMINISTRATION OF JUSTICE: Whether sympathy and sentiments have a role in the administration of justice
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