When Evidence of an Investigating Police Officer Will Amount to Hearsay

CASE TITLE: JOJI v. C.O.P (2023) LPELR-60379(CA)

JUDGMENT DATE: 18TH MAY, 2023

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of culpable homicide.

FACTS:

Appellant filed an appeal against the decision of the High Court of Federal Capital Territory (FCT), delivered by Hon. Justice A.O. Ebong.

At the trial Court, Appellant was charged, along with two other persons, with the offence of conspiracy to commit culpable homicide punishable with death and offence of culpable homicide punishable with death. They were said to have caused the death of one Mamman Haruna by attacking him with cutlasses, causing him severe bodily injuries that he succumbed to.

Appellant had pleaded not guilty to the charge. After hearing the case and considering the addresses of Counsel, the trial Court convicted appellant and sentenced him to death. Aggrieved, appellant appealed to the Court of Appeal.

ISSUES:

The issue for determination was:

Whether, from the totality of the evidence before the trial Court, the trial Court was right to convict Appellant of conspiracy and culpable homicide, based on alleged oral confession by Appellant, as stated by PW1 – the Investigating Police Officer (I.P.O)?

DECISION/HELD:

The Court saw merit in the appeal and allowed it. Appellant was discharged and acquitted.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – OFFENCE OF CULPABLE HOMICIDE: Ingredients of the offence of culpable homicide
• EVIDENCE – PROOF: Ways of proving the commission of a crime
• EVIDENCE – PROOF: Effect when the three modes/ways of establishing/proving commission of a crime coalesce
• EVIDENCE – CONFESSIONAL STATEMENT: Whether oral confession can only be made by an accused person directly to the Court and not to an Investigating Police Officer; duty of such Officer where an oral confession is made to him
• EVIDENCE – HEARSAY EVIDENCE: When evidence of an investigating police officer will amount to hearsay
• EVIDENCE – HEARSAY EVIDENCE: Effect of hearsay evidence