statement can only be admissible against the maker, and it has been
established that the defendant before this court is not the maker, the
statement of Wadata Dan Jumma is inadmissible against the defendant
and cannot be use as basis for his conviction, more so the defendant
has not adopt its contents as his and has firmly denied making it.
Learned counsel submitted that the statement of the defendant is
inadmissible against the defendant to ground conviction, same having
not been proved to be made voluntarily since at the examination in
chief of DW1, DW1 revealed that he was tortured at Binji Civil
Defence Division, in and that what is worst, although PW2 testified
that the statement was read to the defendant in Hausa Language and
the defendant confirmed he made the statement as contained in
Exhibit A and A1, it is clear from PW1’s evidence that the interpreter
who read the statement to the defendant was PW1 and not an
independent person, also beyond counter signing the statement by the
superior officer there is no indication from the statement that PW2
followed due procedure and protocol in endorsing the statement
alleged to have been superior officer, and what is worse it was
confirmed by PW1 that the statement was made without the defendant
lawyer being present therefore the statement Exhibit A and A1 is
tendered inadmissible and ought to be expunge.
Learned counsel referred the court to the cases of THE STATE V.
EMMANUEL OKECHUKWU MADUKOLU (2) (1972) 2 ECSLR
(pt.2) 623. OBUE V STATE (1976) NSCC 107.
Defence counsel further submitted that assuming without conceeding
that Exhibit A and A1 were rightly admitted, then the effect of
defendant denial of confessional statements will constitute a retraction
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