contended that the statement having been obtained in contravention of the Cross River ACJL, same is inadmissible. The Court of Appeal Per Nimpor JCA at page 179 lines 25-30 held as follows:“Evidence is on the exclusive legislative list and therefore the prerogative of the National Assembly. The Evidence Act has an extensive provisions and conditions on admissibility of a…statement. That being the substantive law, it will definitely take precedence over a procedural law even if enacted by the National Assembly not to talk of a state legislation. The Cross Rivers State House of Assembly therefore lacks the vires to legislate an evidence as a subject.” - AGF V. AG Lagos State (2013) LPELR 20974. - AG Abia State V. AGF (2002) 6 NWLR pt 763 p 263. - AG Lagos State V. Eko Hotels Ltd (2017) LPELR 43713. - AG Ogun State V. AGF (1982) NSCC 1. In view of all the foregoing, since the statement of the defendant passes the test set out by the Evidence Act, and in my humble view, the desirability of it being admitted in evidence outweighed the undesirability with respect to the manner in which it was recorded by the investigating police officer who testified as PW3 in this case, the submission of the defence counsel that the statement was not properly admitted Page 21 of 34