- Azubuike V. State (2021) 11 NWLR pt 1786
p 47.
Defence Counsel also contended that the identity of
the defendant is not clear because by the oral evidence
of the defendant as DW1 and Exhibit C, the name of
the defendant is Bilal Mohammed and not Bilal
Ibrahim and no evidence was led by the prosecution
to establish that the defendant was the same accused
and this has created a doubt which should be resolved
in favour of the defendant.
- Hausa V. State (Supra).
In relation to Exhibits B and B1 which are the extrajudicial statement of the defendant and which was
admitted as Exhibits B and B1 for Hausa and English
translated versions, it was the submission of the
learned defence counsel that the said statement was
not recorded by the recording officer in compliance
with the requirement of Section 17 of the Sokoto State
ACJL, 2019 because PW3 through whom the
statement was tendered did not testify to the fact that
the statement of the defendant was recorded in the
presence of his lawyer, or officer of the legal aid, or
any justice of the peace or any other person needed to
be present to witness the recording process and
concluded by urging the court to discountenanced
Exhibit B and B1.
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