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·· PW2 all confi med the stabbing which the Defendant had already
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co~f ssed. Th
•t,('.:f,r1~t none.
Oral c.onfession he made to Pw-1 corroborated the
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It 1s necessa y to point out at · this juncture that part of th
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prose ut1on s _ase inc!udes Exhibi~ "C", which was tend,rred through ,
PW4, the Police officer who recorded the said state_ment. The
Defenpant at t at point claimed h~ made it under duress, -trial within ,
trial j_as conducted and after the ~rosecution has shown that the said
state~'.\'ent wa made voluntarily by positive evidence, same was
admitied, the efendant at anoth~r point, said that he did not make
the said statem nt at all and at somr other point he said that it was the
Police hat wrot the Statement not \him.
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Howe er, the said Exhibit C11 contai~s details of the background, name,
addres , age,
ationality, home, education status, all about the
defendant's life prior to his arrest af d how he killed the deceased and
the ta4 is settle on the point that 1here Confessional Statement of an
accuse person contains lucid details as to background, graphic
descrip ion abo · t himself, it .und+scores the point that it is the
Defend nt that · ave the same to thI Police and that the Statement is
voluntarily made See Kayode Vs Stat\e (2016) 7 NWLR pt. 1511 ~~ 237.
Moreo~er, the
efendant under f,ross-Examination admitted .the
contentf of his onfessional Statement to the Police which he denied
thus:- \
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The Last ti . e you visited your town did you see your friend called
E""k
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JI e.?
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A\
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No.
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In the said Exhibi~\c, he told the Police about his cousin named Ejik~.
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In Exhibit C whi~~ ~e denied maki~g, _during trial,_ t_he" D~fendant told
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thE Police confirlpmg what he s~,d \•~ that Exh1b1t c_ on hovy he
dTpped out of sc~qol because pf fma~c,al problems thus.. ·
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'. SUIT NO. 0/49c/2016: THE STA1E VS CHIBUIKE DURU
Judgment delivered on 19/04/2018
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