Hausa and English translated version respectively the defendant stated
as follows;
“--- On Saturday 8/8/2020 at about 15:00hrs, I saw this girl
Maryam Umar coming back after she come back from the bush
of our village Inname with grasses and she come near our farm
I now block her and I put her my hand finger inside her vagina
[private part} and her anus from there she started crying and
shouting and she was calling her grandmother as I see I know
her and I know her parent house and I know her quite okay we
were almost the same place that is all I know----.”
Although the defendant appeared to have retracted his confessional
statement during his oral testimony before the court as DW1, his
confessional statement, being clear direct positive and unequivocal as
to his guilt and substantially corroborated by Exhibit B which is the
medical report showing the evidence of blunt vaginal penetration in
respect of Maryam Umar.
In the case of OKANLAWON V STATE (2015) 17 NWLR pt the
Supreme Court stated the law as follows;
“The law is settled that where an extra judicial confession
has been proved and established to have been made
voluntarily and it is direct, positive and unequivocal
admission at suffice to ground a finding of guilt regardless of
the fact that the maker resides from it all together at the
trial.”
- Musa V. The State (2019) 10 WRN.
- Umar V. FRN (2019) 13 WRN.
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