the appellant suggested of the plea of non est factum. This plea appellant's counsel in respect of which the appellant was either not previously or not properly tutored............. since the submission of counsel is not evidence, I hold that the appellant made a statement to the police and since he identified the 'Arabic alphabets' which PW3 said he had inscribed, I believe that the statement is not other than exhibit A..." (Underlining supplied for emphasis) I cannot agree more with the lower Court's foregoing findings on the issue. I am only to add that even in the domain of civil litigation where the plea of non est factum appears to hold more sway, the law remains sacrosanct that in the absence of fraud or duress the signature of a person on a document is evidence of the fact that he is either the author of the content of the document above his signature or that the contents were brought to his attention before appending his signature. The application of these principles would have left the appellant in the quandary anyway. See Yadia Nigeria Ltd v. Great Nigeria Insurance Company Ltd (2001) 11 NWLR (pt 725) 529." Per MUHAMMAD, J.S.C. (Pp. 24-26, Paras. E-E) (...read in context) 15. EVIDENCE - CONFESSIONAL STATEMENT: Whether a court can convict solely on the confessional statement of an accused person "It is a trite law that an accused person can be convicted on his Confession alone. A voluntary Confession of guilt by an accused is sufficient to warrant conviction without corroborative evidence if it is direct, positive, duly made and satisfactorily proved. See Sule VS The State (2009) 4 NCC 456, Amanchukwu VS. FRN (2009) 4

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières