“The law is that, where the Court is satisfied of the truth of the confession, the fact that the accused person retracted same would be of no moment and the Court is at liberty to rely on it to ground conviction”. It is to be noted that the defendant in this case in his evidence while testifying as DW1 did not say that he did not make exhibit A and A1 what he said was that he could not remember whether he made exhibit A and A1. In a situation such as this, it is the duty of the Court in the light of the entire evidence adduced to decide whether in fact the defendant made the statement or not. I have considered exhibit a and A1 and also the evidence on PW3 and PW4 who were together with both the defendant and the deceased when the incident happened and I’m satisfied beyond any doubt that it was the defendant that made exhibit A which was translated into English and admitted in evidence as exhibit A1. It is to be noted that for the prosecution to succeed on a charge of Culpable Homicide punishable with death the following 3 ingredients of the offence must be proved beyond reasonable doubt i.e. 1. The deceased must have died. 2. That the death of the deceased was caused by the accused. 3. That the act of the deceased was done with the intention of causing death or that the accused knew that death would be the probable consequence of his act. On this see Umaru v. State (2020) LPELR 50005 CA. 17

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