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.
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