~RAKUL RESOURCE~ LTD VS. N. C. C (2007) NWLR (PT.
OS~) . 302 and submitted that the non compli ance with th e
provisions _of the_ law renders Exhibit "C" void. The Cou rt was
~rged t~ disregard and expunge Exhibit "C". In his response, in his
final written address, the learned counsel for the prosecution
conceded that the mode Exhibit "C" was obtained runs foul of th e
provisions of section 13(2) and (3) of the Adm inistration of Cri minal
J~stice Law, 2010. However, he contended that notwith standing
this shortcoming , the probative value of Exh ibit "C" is not thereby
affected adversely. It is submitted that the House of Assembly of
Anambra State h~s no powers to enact section 13(2 ) and (3) of
the Administration of Criminal Justice Law, 2010 , an area wh ich
concerns Evidence reserved specifically for the National Assembly
in Item 23 of the Exclusive Legislative List. He argued that the
Evidence Act, 2011 at sections 28 - 32 makes provisions on
confession and these provisions are the right law to be applied in
this case and not section 13 of the Admin istration of Crim inal
Justice Law, 2010 of Anambra State. It is submitted also that
relevance governs the admissibility of evidence and the moment a
piece of evidence is relevant , it is admissible in evidence
irrespective of how it was obtained . Reliance was placed on
sections 14 and 15 of the Evidence Act , 2011 and the case of
OGU VS . M . T. & M. C. S. LTD (2011) 8 NWLR (PT. 1249) 345 .
Learned counsel for the prosecution also contended that the
defendant having not contested the admissibility of Exhibit "C" on
the ground that it was involuntarily obtained when it was sought to
be tendered , cannot now complain of non-compliance with the
provisions of section 13 of the Administration of Criminal Justice
Law, 2010. The Co.urt was urged to accord Exhibit "C" probati ve
value and to hold that it meets the yardstick of the provisions of
sections 14 and 15 of the Evidence Act, 2011 .
In the first place, I don't think that the submission that the moment
a piece of evidence is relevant, it is admissible in evidence
irrespective of how it was obtained is well fou nded . I say so
because it will not apply in confessional statement where section
29(2) (a) and (b) of :the Evidence Act, 20 11 renders inadmissible
confessional statements that were obtained involuntarily. Again,
section 13 (2) and (3) of the Administration of Criminal Justice
Law, 201 0 under consideration provides as follows :"13(2)
Where any person who is arrested with or without a
warrant volunteers to make a confessional
19