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OGHENEOVU V. FEDERAL REPUBLIC OF NIGERIA (2019)

case summary

Supreme Court of Nigeria

Before Their Lordships:

  • Olabode Rhodes-Vivour JSC (Presiding)
  • Mary Ukaego Peter-Odili JSC
  • Amiru Sanusi JSC (Read the Lead Judgment)
  • Ejembi Eko JSC
  • Sidi Dauda Bage JSC

Parties:

Appellant:

  • Akpomie Ogheneovu

Respondent:

  • Federal Republic of Nigeria
Suit number: C/146/2013

Background

This case centers on the appeal of Akpomie Ogheneovu, who was convicted for unlawful possession of cannabis sativa, amounting to 77.7 kilograms, under Section 11(c) of the National Drug Law Enforcement Agency Act, 2004. Ogheneovu had made a confessional statement during police inquiries, admitting to the possession and was subsequently arrested by the National Drug Law Enforcement Agency (NDLEA). He was sentenced to five years imprisonment after a guilty plea at the Federal High Court, Kwara State.

Issues

The Supreme Court focused on the following legal issues:

  1. Whether the Court of Appeal was correct in stating that the Illiterate Protection Law does not apply to criminal proceedings.
  2. Whether Ogheneovu's conviction was based on an inadmissible confessional statement, flawed by errors that rendered it void from the start.

Ratio Decidendi

The court held that:

  1. The issue of illiteracy must be established with evidence, and as Ogheneovu did not assert this during his trial, the courts were justified in presuming his literacy.
  2. The absence of an interpreter's service during the trial was not raised until appeal, making it inadmissible at that stage.
  3. A confessional statement admitted without objection at the trial level does not require corroboration or special certification if made by the accused.

Court Findings

The Supreme Court found that:

  1. The statements made by Ogheneovu were valid as he signed the necessary documents, and his representation by counsel provided no basis for the appeal.
  2. The court emphasized that the proper time to voice objections to such confessions is during the initial trial, not while appealing.
  3. Legal standards for handling confession-related cases had been properly met by the courts involved.

Conclusion

The Supreme Court dismissed Ogheneovu’s appeal, affirming the conviction and sentence imposed by the lower courts based on sufficient evidence of guilt and the proper legal framework at trial.

Significance

This case is significant as it clarifies the applicability of the Illiterate Protection Law in criminal proceedings, emphasizing the need for an accused to assert their rights at the trial stage. It underscores the principle that confessions voluntarily given and admitted without objection carry substantial weight in court. The ruling also reinforces procedural norms that dictate the timing of objections and the responsibility of the accused to present their claims effectively during trial.