that he made his statement to the Police and signed the statement
which is Exhibit '.'C". It is therefore my finding that the defendant
signed Exhibit "C" . Having admitted the statement of the defendant
as exhibit, it became part of the case for the prosecution and I am
therefore bound to consider its probative value notwithstanding the
retraction by the defendant in his testimony before the Court. What
is important is the · weight I will attach to such confession and
retraction during my fact finding mission as such a retraction does
not necessarily make the confession inadmissible.
SEE: NWACHUKWU VS. THE STATE (2007) 17 NWLR
(PT. 1062) 31.
EGBOGHONOME VS.
NWLR (PT. 306) 383.
THE
STATE
(1993)
7
The P.W.3 in his evidence in chief before the Court testified as
follows:"As at 2013 I was ·a security man at Oluchukwu Micro
Finance \ Bank, Holy Cross Parish Nkpor. I see the
defendant in the dock. I know him. The defendant and
others came . to rob at Holy Cross Parish Nkpor with a
sack conta~ning AK 4 7 rifle. The defendants were 4 in
number and they came with two motor-cycles. Two of
them were on top of the motor cycles, while 2 people
entered inside the bank. The defendant pointed a gun at
me and told me that if I move, he will shoot me."
When the witness was cross examined by the learned counsel for
the defendant, he admitted that he stated in his statement that he
hid in one of the vehicles in the compound when the robbers
came. He told the Court that he can't recall the name of the
vehicle he was inside. It is his evidence also that only one of the
robbers was carrying gun. When asked; "At what point did the
defendant point the gun at you as you were hiding in the vehicle?"
The witness stated; "He was standing at the entrance of the bank,
the other person entered the bank and he pointed the gun at me. I
then ran away because I was not having a gun and I hid myself
beside a vehicle." It · is his further evidence under cross
examination that the defendant was produced at the police station
and he came in company of their managers and identified him .
When asked whether it will surprise him to know that there is no
7