suffered Memory Issues; and finally, 6. That his Sugar Level was almost 500,
which affected the Statement. None of these issues were raised at the first
instance before the Defence tendered these Statements, meaning he was
satisfied with them being tendered.
In the case of ISA V. STATE (2016) LPELR-40011 (SC), OGUNBIYI J.S.C
held that if an Accused Person does not object when his Confessional
Statement is being tendered, the only reasonable conclusion is that it was
made voluntarily, reference was made in this Case to BELLO SHURUMO V.
THE STATE (2010) 19 NWLR (PT 1226) 73, where it was held that the
failure to object to the Two Confessional Statements when they were
tendered and admitted as Exhibits was held as Conclusive Evidence that they
were both made Voluntary. This is more so when a Counsel stands by and
allows exhibits to sail smoothly through without any Objection.
This Witness must be remembered to be a Commissioner at the relevant
time, and in fact been a Commissioner that headed Four Separate Ministries.
The Question that must be asked, what manner of Duress would operate in
his Mind to force him to write what he wrote? Further, he is presumed to be
literate enough as to know his Rights, and if indeed he had been forced, he
would have known the Mechanisms to complain about any Duress. He could
have filed a Complaint before the Chairman of the EFCC after he left the
environment of Duress. He could have reported to another Law Enforcement
Agency, Human Right and such like. And when he became Senator during the
pendency of this Case, he could have petitioned the Senate on the conduct of
the EFCC. There is no Evidence on the Court on this, and therefore, it is
rather late in the day for both the Defence and himself to challenge these
Statements. See the Case of EKPO VS STATE (2018) LPELR-43843 (SC) per
GALINJE J.S.C.
Further, the Court notes that whilst giving his Evidence in Chief, Alhaji
Abubakar Tutare stated that his Statements had Contradictions. This fact
was elicited before the Statements he made were tendered into Evidence.
Had they not been tendered, this fact would have just been waived away, but
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