“No, I have not made any statement”.
The 2nd defendant while given his evidence-in-chief as DW2 testified as
follows:“We were then transferred to CID Office,
where I was beaten with sticks”.
However, both 1st and 2nd defendants testified as DW1 and DW2 to
the fact that they were all beaten by some unknown people who
accused them of stealing the motorcycle and taken to hospital by the
police for treatment after they were arrested with various injuries. The
1st defendant testified as follows:“I was at abattoir together with Abubakar
Mustapha (the 2nd defendant) and he
requested me to accompany him to his
grandparents’ home, as we were on the
way, somebody hit me and Abubakar
from behind, and I then asked Abubakar
what was happening, he told me that it
was some people who were beating us of
stealing someone’s motorcycle.”
The 2nd defendant as DW2 also testified as follows:“While on our way back and before we
reach the main road, I just had somebody
hitting me from behind on my head”.
As to the statement of the 1st defendant who denied making any
statement at CID office Sokoto while testifying as DW1, the issue of
involuntariness does not therefore arise. Because it is trite law that
mere retraction of voluntary confessional statement of an accused
which was apparently corroborated by other independent evidence (as
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