outside the confession in further proof of the offence; the
absence of such additional evidence would not necessarily
prevent a court from convicting on the confessional
statement alone provided the statement satisfies the test of
being positive, direct and unequivocal”.
Apart from the confessional statement, there are overwhelming
oral evidence from PW1, PW2, PW3 and PW5, the evidence of
PW1 sustained and established Count No. Six.
The evidence of PW2 Chimezie Nwachukwu sustained and
established Count Five, the evidence of PW2 Nicolas Maduka
sustained and established Count No. 2, while the evidence of PW5
Tony Uche sustained and established Count No. Three, the
evidence of PW4 is that of the I.P.O. who obtained the statement
of the accused person.
The undertakings made in writing to pay the money back to the
victims including the receipts issued by the accused were equally
overwhelming evidence against the accused person; although
the accused denied ever making such undertaken nor issue any
receipt, that would not preclude this court from admitting same in
evidence. See F.B.N. PLC v TSOKWA (2004) 5 NWLR Pt 866 Pg 27 at
310 where the court held as follows:
“I think the issue of admissibility of document largely relates
to
the
relevance
of
such
document
in
the
matter.
Admittedly, the respondent denied that it was his signature
that was on the withdrawal form.
13
The mere fact that