Rex V. Jackson Akpon Umo & Ors (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Murder—Evidence—Admissibility of statements by defendants—Breach of Rule of the Judges’ Rules, as applied to illiterates.

Facts

In R. v. Afose and others (2 W.A.C.A., 118) the Court laid down the manner in which Rule 8 of the Judges’ Rules should be applied to illiterates. A police constable after taking a statement from 1st Defendant, took statements from the others in sequence, and as each came in he read to him the statements made by the others. The trial Judge being satisfied that the statements were free and voluntary admitted them in evidence ; and this was the only substantial point on appeal against conviction :-

Held

(1) that statements obtained from prisoners contrary to the Judges’ Rules are not ipso facto inadmissible ;
(2) such statements may be admitted if the trial Judge, exercising his discretion judicially is satisfied that they were made voluntarily.

The appeals of all the Appellants are dismissed.