M.A. Mustapha Esq: Which day was the statement of the 2nd suspect made? PW3: I can’t remember. M.A. Mustapha Esq: Have a look at this document and tell the court if it is the statement of the 2nd suspect. PW3: The document shown to me is the statement of Ibrahim Ibrahim Magaji the 2nd suspect. M.A. Mustapha Esq: We seek to tender the statement in evidence. A.A. Illo AG/PT: We object to the admissibility of the statement because no proper foundation has been laid and urge the court to reject same. M.A. Mustapha Esq: We have laid the proper foundation because the witness informed the court who recorded the statement of the 2nd suspect. We urge the court to admit it. Ruling Court: Admissibility though has always been a question of relevancy, not all relevant evidence is admissible if the admissibility of the evidence sought to be tendered is contrary to law. It follows therefore that if a piece of evidence is not a legally admissible evidence, such evidence will not be admitted even if it is relevant because relevancy is not the only yardstick of admissibility. PW2 who made the statement sought to be tendered, testified before this court and was asked questions about the statement sought to be tender, yet the defence counsel decided not the tender the statement through the maker. Any document sought to be tendered in evidence must be tendered through its maker or a person who Page 14 of 32

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