against the order of nature, an act which has been prescribed to be an
offence and punishable under Section 284 of the Penal Code.
I therefore agree with the submission of the prosecuting counsel that
the prosecution has proved all the essential elements of the offence
against the Defendants and therefore proved its case against the
Defendants beyond reasonable doubt in respect of this offence.
Consequently, the prosecution having proved its case beyond
reasonable doubt against the Defendants in respect of the Unnatural
Offence punishable under Section 284 of the Penal Code, hereby find
you guilty as charged.
Although the Defendants appeared to have retracted their confessional
statements during their oral testimony before this court, their
confessional statements being clear, direct, positive and unequivocal as
to their guilt and substantially corroborated by the evidence of PW2,
the retraction cannot prevent this court from accepting them and
relying on them in convicting the Defendants since the statements
appeared to have been made by the Defendants voluntarily.
- State V. Yahaya (2019) 38 WRN 14.
- Abdullahi V. State (2019) 16 WRN 145.
- Amos V. State (2019) 10 WRN 80.
In the case of Kolo V. COP (2019) 22 WRN 1 at 25 paras 45,
Ogunbiyi JSC stated the law as follows:“This court in a plethora of cases has held that
confession is the best form of evidence, and an
accused person can be convicted on his
confessional statement alone.”
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