2013 at about 14:00 hours, the P.W.1 came to their station to
report a case of armed robbery on behalf of Oluchukwu Micro
Finance Bank. That 4 armed men invaded their ban k stole the
bank's money and · ran away on their motor-cycles. As the team
leader of the inv~stigators, he detailed one of his detectives
Corporal Omini Effiong to investigate the case. He was about to
take her statement ·when the D.P.O. called all of them to his office
and informed them that the defendant was arrested in respect of
the offence. He testified also that the defendant told them at the
D.P.O.'s office that they were the people that went to Oluchukwu
Micro Finance Bank and stole their money and later ran away on
their motorcycle. When they got to building materials market area
they were looking' for _a place to share the money when the patrol
men sighted them, . suspected them and pursued them . He fell
down from the motor-cycle and was arrested with the money they
stole from · Oluchukwu Micro Finance Bank. From there they took
him down to Ogidii Police Station. It is his evidence that the money
recovered was wrapped in Oluchukwu Micro Finance Bank's
wrappers and the P.W.1 identified them as the money of their
bank. The money, was released to the bank on bond which he
recommended and the D.P.O. approved it. He stated that all he
said were what the defendant told them and the I. P.O. recorded it
and the defendant signed it.
I
The P.W.2 tendered the Police Investigation Report, Bond to
produce exhibit in court and the extra judicial statement of the
defendant and they were admitted as Exhibits "A", "B" and "C"
respectively. When: he was cross examined by the learned counsel
for the defendant, he testified that Supol Okoro and his team were
the people that arrested the defendant. It is his evidence also that
Supol Okoro is not a member of his team and they did not obtain
any statement from ·him or any member of his patrol team . He
stated that each of the armed robbers was carrying gun but he
does not know the type of guns they were carrying . It is his
evidence that the defendant was not arrested with any gun . It
should be appreciated that when the extra judicial statement of the
defendant was sought to be tendered through the P.W.2, the
learned counsel for the defendant objected to its admissibility on
the ground that the statement did not emanate from the defendant
and the defendant ·being educated has no business for the
Investigating Police Officer to record his statement for him. In my
ruling on the admissibility of the extra judicial statement of the
defendant, I stated that the question whether the defendant made
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