Counsel further contended that there is no independent corroborative
evidence before this court outside the extra-judicial statement to show
that the alleged statement is in fact true.
- Fabiyi V. State {2015} 18 EJSC 35 at 56
- Omogod V. State {1981} 5SCNJ
He submitted further that no weight can be attached to the extra
judicial statement of the defendant.
- Section 34 Evidence Act, 2011.
- Aromolaran V. Kupoluyi {1994} 2NWLR Pt 325 p 221
As to the offence of illegal possession of firearms, defence counsel
submitted that a close perusal of the evidence led by the prosecution
through the evidence of PWS 1, 2 and 3 shows that essential element
of the offence were not proved by the prosecution as the AK47 riffle
was not tendered in evidence and urge the court to discharge the
defendant.
As to the offence of attempt to escape from lawful custody, the defence
counsel contended that the prosecution has not led any credible
evidence against the defendant as the evidence of PW3 on the issue is
incredible and urge the court to discharge the defendant.
- Ilono V. State {2020} LPELR 49753
- Orija V. IGP {1957} NWLR 189
In response to the submission of the defence counsel, the prosecuting
counsel submitted that as to the offence of theft, the prosecution has
through the evidence of PW1 and PW2, proved all the essential
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