(ii) That though PW3 said it was one Umar Mohammed
Yabo that was authorized by the defendant to record
and interpret his statement, the name of the person on
the document sought to be tendered as the recorder and
interpreter, is one Umar Mohammed Mohammed
Yabo.
Defence counsel then argued that PW3 not being the
interpreter and recorder of the statement of the defendant, the
said statement by virtue of Section 83 (1) of the Evidence Act
2011, cannot be tendered through him as it is a documentary
hearsay and inadmissible.
- Ezeazodosiako V. Okeke (2005) 16 NWLR Pt 952 P 612.
- FRN V. Usman (2012) 8 NWLR Pt 1301 P 141.
He submitted that the prosecution has not led any evidence
laying foundation as to why the interpreter who is also the
recorder of the statement could not be in court.
(iii) That from the evidence of PW3, the statement sought
to be tendered, is a product of questions and answers
sessions which according to the defence counsel, is
inadmissible.
Responding to the objection of the defence counsel, the
prosecuting counsel submitted that the argument that the
statement of the defendant was a product of questions and
answers, cannot be sustained as there is a difference between
questions and answer session and an interview and whether
or not the statement was based on question and answer
session, can only be determined when the statement is
admitted from the flow of its contents.
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