was in the night and it was dark this is in addition to the fact that their extra judicial statement did not link the 1st and 2nd defendants to the commission of the crimes alleged against them and therefore unsafe for this court to accept their evidence. - State V.Aibangbee {1988} 3 NWLR pt 84 p 590 - Archiboy V. State {2006} 14 NWLR pt 1000 p 349 - Eyisi V. State {2000} 15 NWLR pt 691 page 555 He further agued at paragraph 4.9 that though 3rd defendant made a confessional statement, the confession only binds him and not the 1st and 2nd defendants - See section 29(3) Evidence Act, 2001. Counsel to the 3rd defendant also argued at paragraph 3.6 of their adopted written address that there is no any valid or legally admissible evidence before the court which proved beyond reasonable doubt that the 3rd defendant committed any of the offences with which they were arraigned. He submitted in paragraph 3.11 that from the evidence of all the prosecution witnesses, nobody informed this court that the 3rd defendant was found in possession of firearms nor did the 3rd defendant confessed of being in possession of firearms. In paragraph 3.13 counsel further submitted that there is no other evidence before the court that corroborated the authenticity of the confessional statement of the 3rd defendant as required by law, and therefore cannot be accepted by this court. 21

Select target paragraph3