33 Comments in moderation

West African Court of Appeal & Privy Council

REX V. AJAYI OMOKARO.

REX

V.

AJAYI OMOKARO

WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA

6TH DAY OF NOVEMBER, 1941

2PLR/1941/33 (WACA)

OTHER CITATION(S)

2PLR/1941/33 (WACA)

(1941) VII WACA P. 146

LEX (1941) – VII WACA P. 146

BEFORE THEIR LORDSHIPS:

BUTLER LLOYD, ACTING C.J.,

BAKER, J.

BROOKE, J.

BETWEEN:

REX — Respondent

AND

AJAYI OMOKARO — Respondent

REPRESENTATION

Unsworth — for Crown

Appellant in person

ISSUE(S) FROM THE CAUSE(S) OF ACTION

CRIMINAL LAW AND PROCEDURE:- Murder — Proof of — Conviction based entirely upon evidence of confessions by conviction by Appellant — When would be sustained

DECISION OF THE WEST AFRICAN COURT OF APPEAL

Held:- Appeal dismissed.

The only question raised by this appeal is whether a conviction based entirely upon evidence of confessions by appellant can stand. The case of Sykes 8 C.A.R.  p. 233 affords clear authority that such evidence is sufficient.

R. v. Sykes 8 C.A.R. 233 followed.

MAIN JUDGMENT

The following short judgment was delivered: –

BUTLER LLOYD, ACTING C.J., NIGERIA., BAKER AND BROOKE, JJ.

The only question raised by this appeal is whether a conviction based entirely upon evidence of confessions by appellant can stand. The case of Sykes 8 C.A.R.  p. 233 affords clear authority that such evidence is sufficient. The learned trial Judge enquired most carefully into the circumstances in which the alleged confessions were made, one of them before a European Assistant Commissioner of Police, and was satisfied of their genuineness.

The appeal must be dismissed.