- Kolo V. COP (2019) 22 WRN at 25.
It was the contention of the learned defence counsel that due process
was not followed by the officers in obtaining the alleged confessional
statement hence the voluntariness of the statement is questionable.
Now the evidence of PW1 (ASPI Ibrahim Hassan) who recorded the
statement of the defendant shows that after he cautioned the defendant
in Hausa Language, he also informed the defendant all his rights
concerning statement taking such as his right not to say anything that
his father was around throughout the statement taking and that what
he said will be reduced in writing before the defendant volunteered his
statement, and the defence counsel did not cross examined the witness
on this aspect of his evidence. In consideration of all the foregoing
evidence adduced by the prosecution and relevant laws that were
applied to the evidence, it is the humble view of this court that the
prosecution has proved its case against the defendant beyond
reasonable doubt in respect of the offence of rape punishable under
section 260 of the penal code law of sokoto state of Nigeria 2019, and
found you Wadata Dan Umma guilty as charged.
ALLOCUTUS
A.A. Magaji Esq: In view of the judgment just delivered we seek the
leave of this Hon. Court in line with the provision of 301 of
ACJL 2019 to call a witness as to the character of the
defendant.
Court:
Permission granted.
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