recorded in the presence of his lawyer, or officer of
the Legal Aid, or any justice of the peace or any other
persons as required by the provisions of Section 17 of
the Sokoto State ACJL 2019.
By the provisions of Section 14 (a) of the Evidence
Act, 2011, evidence obtained in contravention of an
existing law, is admissible in evidence unless the court
is of the opinion that the desirability of admitting the
evidence is outweighed by the undesirability after
considering the manner in which the evidence was
obtained.
In deciding whether or not it is desirable to admit a
piece of evidence obtained in contravention of an
existing law, Section 15 of the same Evidence Act,
2011, requires a trial court to take into consideration
the probative value of the evidence, the importance of
the evidence in the proceedings, the relation of the
evidence with the offence, the gravity of the
contravention and whether or not it was deliberate or
reckless etc.
In the case of Kekong V. State (2017) 18 NWLR pt
1596 p 108 at 135-136, the Supreme Court held as
follows:“A careful perusal of Sections 14 and 15 of
the Evidence Act, 2011, reveals that the trial
court has enormous discretion in admitting or
refusing to admit in evidence any piece of
evidence improperly produced or procured in
contravention of the law.”
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