IBRAHIM KAMILA V. THE STATE

SANUSI JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal (“the lower court” for short) delivered on 16 May 2014, which affirmed the judgment of the Lagos State High Court (trial court) delivered on 13 December 2007.

The appellant herein, who was the 2nd accused person at the trial court, was charged along with three other co-accused persons before the trial court on four counts charge of conspiracy to commit armed robbery, murder and receiving stolen goods,contrary to sections 403A, 402(2) (A), 319(1) and 427 of the Criminal Procedure Code, Cap 32, Vol.2 Laws of Lagos State of 1999, respectively. In proof of its case, the prosecution (now respondent) called three witnesses and tendered eight (8) exhibits i.e exhibits A to H, while the 2nd accused/appellant did not call any witness but testified on his behalf. During the trial, the prosecution sought to tender a confessional statement which it alleged was voluntarily made by the accused/appel…