- Abdullahi V. State {2019} 16 WRN 145
- Amos V. State {2019} 10 WRN 80
In the light of the foregoing, it is the humble view of this court the
defendant is indeed the maker of the statement dated 9/4/2019 and
mad same voluntarily. I so hold.
Consequently, the statement of the defendant made on the 9/4/2019
sought to be tendered through PW4 by the prosecution, is hereby
admitted in evidence and marked as exhibit D and D1 for the Hausa
and English translated versions respectively. Having resolved the issue
of admissibility of the defendant’s statement dated 9/4/2019, the next
issue for consideration, is whether by the evidence before this court,
the prosecution has proved its case beyond reasonable doubt against
the defendant in respect of the offences alleged against him.
As to the offence of theft, the evidence of PW2 Insp. Istifanus Yakubu
is very graphic because in his evidence, the witness testified to the fact
that the defendant was arrested at a kios K charging his phone at Illela
and confessed to the stealing of a service riffle belonging to the custom
officer and some mobile phones.
It was also his evidence that the defendant took them to their village
called Tozai in Illela Local Government Area of Sokoto state where
they recovered the AK47 riffle with a rounds of live ammunition. PW1
Insp. Ahmed Abubakar also testified before this court that the
defendant was brought before him as exhibit keeper with AK47 riffle
with 9 rounds of live ammunition and 1 ipad cell phone for registration
which he accepted and registered and later released same to one CSC
Salihu Aran of the custom service.
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