CASE TITLE: SUNDAY v. STATE (2026) LPELR-84159(SC)
JUDGMENT DATE: 5TH JUNE 2026
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: JAMILU YAMMAMA TUKUR, J.S.C.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on criminal law and procedure.
FACTS:
This is an appeal against the judgment of the Court of Appeal, Akure Division, delivered on 15th November 2018, wherein the Court dismissed the Appellant’s appeal against the final decision of the High Court of Osun State (the trial Court), sitting at the Ife Judicial Division, coram Awolalu F. E., delivered on 08/05/2014, which convicted the Appellant alongside three co-accused persons of the offences of conspiracy and simple robbery.
The Appellant, as the 1st Defendant, along with three other co-accused persons, namely: Kamoru Satoye, Biliaminu Alalade, and Fatai Muraina, as the 2nd, 3rd, and 4th Defendants respectively, were jointly charged with the offences of conspiracy and armed robbery contrary to Sections 6(b) and 1(1)(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.
The prosecution called witnesses and tendered exhibits in proof of its case, while the Appellant and the other accused persons testified in their defence and called no additional witnesses.
At the close of evidence, the learned trial Judge delivered judgment, found the Appellant and the other three accused persons guilty of conspiracy and simple robbery, and sentenced each of them to 21 years’ imprisonment for the offence of conspiracy and another 21 years imprisonment for simple robbery, both sentences to run concurrently.
Dissatisfied with the judgment, the Appellant appealed to the Court of Appeal, which dismissed the appeal and affirmed the decision of the trial Court. Still dissatisfied, the Appellant further appealed to the Supreme Court.
ISSUE(S) FOR DETERMINATION:
The Court considered a sole issue, thus:
“Whether the conviction of the appellant by the trial Court on the basis of his retracted confessional statement and the upholding of same by the Court below is perverse and liable to be overturned by this Honourable Court.”
DECISION/HELD:
The Court dismissed the appeal.
RATIOS:
- EVIDENCE- CONFESSIONAL STATEMENT: Nature of a confessional statement; whether same is the best evidence
- EVIDENCE- CONFESSIONAL STATEMENT: Position of the law where confessional statement is retracted or denied
- EVIDENCE- DOCUMENTARY EVIDENCE: Whether a co-police officer can tender a document recorded by another police officer
- EVIDENCE- HEARSAY EVIDENCE: The meaning and nature of hearsay evidence; instance when evidence of a witness will be held to be direct oral evidence and not hearsay
- EVIDENCE- CALLING OF WITNESS(ES): Principles governing the calling of witnesses by the prosecution in criminal cases and who is a vital witness
- EVIDENCE- ADMISSIBILITY OF EVIDENCE: Appropriate time to object to the admissibility of evidence, effect of failure to do so
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