Whether Identification Parade is Necessary Where an Accused Person has Confessed to the Commission of the Offence with which He is Charged

CASE TITLE: OSHO v. STATE OF EKITI (2026) LPELR-83054(SC)

JUDGMENT DATE: 16TH JANUARY, 2026

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ABUBAKAR SADIQ UMAR, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Criminal Procedure.

FACTS:

This appeal is against the judgment of the Court of Appeal, Ado-Ekiti Division, delivered on 19th November, 2021 wherein the Court affirmed the judgment of the trial Court which convicted the Appellant and sentenced him to death by hanging.

The Appellant and another co-accused person were charged and arraigned before the High Court of Ekiti State, Ado-Ekiti Judicial Division on a single-count charge of armed robbery.

​On 14th November, 2014, at about 8:30 pm, the Appellant and one Chinedu Ugwu (2nd Defendant) and two others at large, were alleged to have attacked, while armed with a gun, one Chief Gbenga Ojo robbed him of his Toyota Camry car and some money. During the robbery, the victim was shot and his friends of the victim rushed him to the hospital. The stolen vehicle had a tracking device and the police were able to track the stolen vehicle to Benin and remotely immobilized the vehicle.

The Appellant and 2nd Defendant were arrested and taken to Oba Divisional Police Station in Benin and thereafter transferred to Ekiti State Police Command, Ado-Ekiti where the Appellant’s extrajudicial statement was recorded. The Appellant was subsequently arraigned before the trial Court where he pleaded not guilty to the charge.

The prosecution called 3 witnesses and tendered 8 Exhibits. The Appellant testified for himself as DW1. Before the conclusion of trial and after the testimony of PW1 (the victim), the Judge of the trial Court retired and the matter began de novo before another trial Judge. Before the commencement of the trial de novo, the victim (PW 1) died. The record of proceedings containing the evidence of PW1 before the retired learned Judge was tendered in evidence during the fresh proceedings before the new trial Judge and admitted as Exhibit F. At the conclusion of trial, the trial Court convicted the Appellant and sentenced him to death by hanging vide its judgment delivered on 23rd November, 2020.

Dissatisfied with said judgment of the trial Court, the Appellant appealed to the Court of Appeal which affirmed the conviction and sentence passed by the trial Court. The Appellant being further dissatisfied, appealed to the Supreme Court.

ISSUES FOR DETERMINATION:

The Court considered the following issues:

1. Whether the identification of the Appellant was sufficiently proven by evidence on record.

2. Whether an identification parade should have been deemed unnecessary in this case.

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:  

• APPEAL- ISSUE(S) FOR DETERMINATION: Whether more than one issue for determination can be formulated from a ground of appeal
• CRIMINAL LAW AND PROCEDURE- IDENTIFICATION PARADE: Meaning of Identification parade; Circumstances where an identification parade will not be conducted
• CRIMINAL LAW AND PROCEDURE- IDENTIFICATION PARADE: Whether identification parade is necessary where an accused person has confessed to the commission of the offence with which he is charged
• EVIDENCE- CONFESSIONAL STATEMENT: Whether confession is the best form of evidence in a criminal trial
• EVIDENCE- DOCTRINE OF RECENT POSSESSION: The presumption of the law where a stolen property is found in possession of a person immediately/soon after a theft
• EVIDENCE- CONFESSIONAL STATEMENT: Effect of a free and voluntary confessional statement

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