Identify the Legal Issues Contained in this Scenario Mr. Muhammad is a successful businessman resident in Maiduguri, Borno State. One day, he left Mr. Yahya in his shop in to help him sell the goods in the shop. Unknown to him, Mr. Yahya had some bad friends who persuaded him that it is not unwise for him to handle someones shop but it is foolish if he is not enjoying the money. Yahya accepted their persuation and continued with them in order to have a wrongful gain from the property of Mr. Muhammad. On the 20th day of March, 2014 at about 2:00am, Mr. Yahya and his friends came to the shop and opened it since he (Mr. Yahya) had the key to the shop. After opening it, they took all the money kept in the shop and other costly materials. They had an argument with Yahya that they must destroy the door otherwise investigation will reveal that the door was opened with a key and no one had the key except Mr. Yahya which they refused and left. Subsequently, they were all arrested and taken to the Police C.I.D. Maiduguri, Borno State. In the C.I.D., Mr. Mai Takalmin Karfe was assigned to investigate the matter. He now decided to beat them very well so that they will confess to him as to the commission of the crime. Mr. Yahya gave a confessional statement that he and his friends committed the crime. The two friends denied the commission of the crime but subsequently Mai Takalmin Karfe told them that once they confess he will treat them in a softer way, which they believed and confessed. Having obtained a confessional statements of the accused persons, the Police then filed to the D.P.P and subsequently they were charged to court. The prosecution called three (3) witnesses, Ibrahim who is 13 years old, Kashim who is 70 years old and Lagbaja who is suffering from diseases in his body and other afflictions. Ibrahim testified to the effect that he had seen the accused when they entered the shop and took away the properties, Kashim on the other hand said he heard Umar saying Mr. Yahya is not a good person because they stole his masters property while Lagbaja said they were together with the accused persons when they committed the crime. The judge admitted all the confessional statements of the accused persons despite several objections by the defence counsel. Mr. Yahya was called as a defence witness and made a confessional statement that they committed the crime, the other two accused denied the charge but the judge relied on their confessional statements and convicted them all and sentenced them to 10 years imprisonment without option of fine. Accused persons now are aggrieved and wanted to appeal against the decision of the the High Court to the Court of Appeal. As a law student, identify the legal issues involved in the scenario and advise the parties as to the chance of their success on Appeal.
Posted on: Mon, 30 Jun 2014 09:22:32 +0000
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