In view of the evidence so far led by the prosecution, I am
satisfied that the prosecution has also proved the 3rd count
charge against the 3rd defendant beyond reasonable doubt and
accordingly found the 3rd defendant guilty as charged in
respect of the offence of illegal possession of firearms
contrary to section 3 (1) of the Robbery and Firearms {special
provision} Act Cap. R 11 LFN 2004.
In paragraph 3.14 of the adopted written address of counsel
to the 3rd defendant it was argued that exhibit “E” and “E1”
{which is the confessional statement of the 3rd defendant}
was not recorded in compliance with the provisions of section
17 (1), (2), (3) and (4) of the Sokoto State ACJL 2019 and
therefore inadmissible.
In her reply prosecuting counsel submitted that the
statement was recorded in compliance with the requirements
of the law and that its authenticity and veracity can be seen
in the evidence of PW2, PW4 and PW5 and urge the court to
so hold.
- Nwachukwu V. State {2007} ALL FWLR pt 390 p 1380
- Amoshima V. State {2009} 4 NCC 297
- Bassey V. State {2012} 3-4 MJSC 77
She further submitted that by the evidence of PW2, it is
clear that there was substancial compliance with the
provisions of section 17 of the Sokoto State Administration
of Criminal Justice Law 2019 as the defendant was given the
opportunity but opted not to exercise his right.
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