date, the account re-activated was with the Habib Nigeria Bank
Limited on the 3rd Day of November 2000.
The accused substituted his name and the signature to the account.
When the accused gave evidence for his defence, the statement
he made to the Police under the words of caution was given to him;
he denied ever making the statement. The two statements were
admitted as Exhibit H1 and H2 respectively.
In Exhibit H1, the accused admitted withdrawing the sum of N1.3
Million from the account of National Clearing and Forwarding
Agency, he also admitted in the said statement that he was a sole
signatory to the said account; the court had gone through the said
statements, Exhibit H1 can be regarded as confessional statement
upon which the accused can be convicted. See F.R.N. v IWEKA
2013 3 NWLR 9Pt 1341) P. 285 where the Supreme Court held as
follows:
“In appropriate cases an accused person can be properly
convicted on his or her confessional statement alone. Although
it is always desirable to have some evidence outside the
confession in further proof of the offence, the absence of such
additional evidence would not necessarily prevent a court from
convicting on the confessional statement alone provided the
statement satisfies the tests of being positive, direct and
unequivocal”
The problem with the confessional statement of the accused is that
same was tendered evidence as exhibit H1 and H2 respectively;
7