“The Fact Of Death Can Be Proved By Circumstantial Evidence Even When Neither The Body Nor Any Trace Of The Body Could Be Found.”
(Lead judgement delivered by Honourable Haruna Simon Tsammani, JSC)
Facts
The Appellant was the first accused before the trial Court on four (4) counts: conspiracy to steal a child, conspiracy to commit murder, child stealing, and murder. It was alleged that the Appellant abducted one Ifueko, a child of about three (3) years, and handed her over to the second accused for a money-making ritual. Subsequently, the child disappeared and was never seen again. The Appellant, who was apparently in custody of the child, failed to provide any satisfactory explanation for the child’s disappearance. This matter was reported to the Police, who investigated and arrested both the Appellant and his co-accused. The Appellant and the co-accused persons made confessional statements at the Police station, which were tendered in evidence and admitted after conduct of trial-within-trial to test their veracity.
The Appellant and other accused persons were tried and convicted on all four (4) counts. Dissatisfied with the conviction, the Appellant appealed to the Court of Appeal, which dismissed the appeal. The Appellant further appealed to the Supreme Court.
