contained in it. Exhibit H was not used to cross examine
Jeremiah Ekpenyong and neither was it used to impeach the
credit of her witness.”
Okon Amasi who made Exhibit 9 and who the prosecution alleged
the defendant defrauded was not called as a witness. It follows therefore
that Exhibit 9 cannot be considered as evidence of the facts contained
therein and I so hold. Apart from Exhibit 9, the prosecution did not
adduce any other oral evidence in support of Count one of the charge. It
however tendered the statements of the defendant which were admitted in
evidence as Exhibits 7A and 7B respectively.
It is a firmly established principle of law that a person accused of
committing a criminal offence may be convicted solely on his confessional
statement freely and voluntarily made. See
IKEMSON VS. THE STATE
(1989) 3 NWLR Pt. 110 Pg. 455 and GBADAMOSI VS. THE STATE
(1991) 6 NWLR Pt. 196 Pg. 182.
In MUSTAPHA VS. THE STATE (2007) 12 NWLR Pt. 1049 Pg. 637
it was held that a confessional statement is an extrajudicial statement
made by the accused person to the police containing an assertion or
admission showing that he participated in the commission of the offence
for which he stands accused. The Court further held that once an
accused person makes a statement under caution saying or admitting the
charge or creating the impression that he committed the offence charged,
the statement becomes a confession.
The defendant admits making Exhibits 7A and 7B. The question now
is whether the contents of the said statements can be held to be an
admission of the offence alleged in Count one of the charge. The
defendant in Exhibit 7A gave her own account of the transaction between
her and Amasi Okon. She said she obtained a loan of N30million from
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