be guided by this decision. On the issue that the statement
was recorded based on interview and not based on question
and answer session, we submit that this line of argument is
not born out of the evidence of PW. Prosecuting counsel
cannot give evidence from the Bar and the duty of counsel is
to assist the court to arrive at a just decision of the case. See
Agoro V. Aromolaran & Anor (2011) LPELR 990. On the
whole we urge the court to reject the statement sought to be
tendered.
Court:
This matter is hereby adjourned to 29/9/2022 for Ruling and
continuation of hearing of the evidence of PW3. Bail of the
defendant to continue.
Signed
Hon. Justice Mohammed Mohammed
(Judge)
25/8/2022
Court resumed today 14/10/2022
Appearances:
Chioma Okangwu Esq. and Habila Jonathan Esq. for the prosecution.
Shamsu A. Dauda Esq. for the defendant.
Chioma Okangwu Esq: The matter is for ruling.
Court:
Court:
Ruling
On the 25/8/2022 the prosecution counsel sought to tender
the statement of the defendant through PW3 one Detective
Akpan Okun, but the defence counsel objected to the
admissibility of the statement sought to be tendered in
evidence on the following grounds:(i) That the document sought to be tendered does not bear
the name of the defendant when compared with the
name of the defendant on the charge sheet;
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