analysis from the Court of Appeal on the evidence
led during the Trial within Trial. On the authority
of the decision in the case of Nwachukwu vs The
state (2008)6 ACLR 343 paragraph 15 where the
Supreme Court held that an Accused can be convicted
on the confessional statement made by him provided
it is direct, positive and un-equivocal about his
commission of the crime, subsequent attempt to
retract notwithstanding, this court was thus to
convict him on his voluntary confessional
statement. The retraction by the accused, was
submitted as of no moment on the authority of the
decision in the case of Akpan vs The state (2001)
of SCNJ 567 at 580 where the Supreme Court held
that retraction of confessional statement by the
accused cannot invalidate it but only goes to the
weight to be attached to it vis-avis other pieces
of evidence.
The defence contended otherwise and relying on the
case of Lt. Commander Steve vs Chief of Naval Staff
(2002) 19 WRN 26 to submit that confessional
statement must be weighed against other existing
evidence that establishes the authenticity of the
confession. Further to that, it was submitted on
behalf of the Accused that “..No statement by an
accused person is admissible in evidence against
17