CASE TITLE: BUSAYO v. STATE (2026) LPELR-86665 (CA)
JUDGMENT DATE: 24TH AUGUST, 2026
PRACTICE AREA: LAW OF EVIDENCE
LEAD JUDGMENT: JANE ESIENANWAN INYANG, J.C. A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the Admissibility of the Confessional Statement of an accused against a co-accused.
FACTS:
This is an appeal against the considered Judgment delivered on 13th November, 2025, in Charge No: HAD/52C/2020, by the Ekiti State High Court coram A. A. Adeleye, J., wherein the Appellant, as 5th Defendant, was convicted and sentenced for the offences of conspiracy, armed robbery and membership of a secret cult.
Aggrieved by the High Court’s decision, the Appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION:
The appeal was determined on the Respondent’s sole issue viz:
“Whether considering the totality of evidence before the trial Court, the Court was right in holding that the Prosecution proved its case of conspiracy, armed robbery and membership of a secret cult against the Appellant beyond reasonable doubt?”
DECISION/HELD:
The appeal was allowed. The Appellant was discharged and acquitted of all counts.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- GUILT OF AN ACCUSED PERSON: How to establish/prove the guilt of an accused person
- EVIDENCE- CONFESSIONAL STATEMENT: Whether the confessional statement of an accused is admissible against a co-accused who did not adopt the confessional statement
- EVIDENCE- CONFESSIONAL STATEMENT: Whether the confessional statement of an accused is admissible against a co-accused who did not adopt the confessional statement
- EVIDENCE- STANDARD OF PROOF: Standard of proof in criminal cases; whether proof beyond reasonable doubt means proof beyond all shadow of doubt
- EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof required for the offence of culpable homicide punishable with death
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