From the three (3) count charges with which the Defendants were
arraigned before this Court, the Defendants were alleged to have
committed the offences of criminal conspiracy robbery and causing
grievous hurt while committing robbery punishable under Sections 60,
247(2) and 289 of the Sokoto State Penal Code Law 2019.
Arguing their position, the defence counsel submitted that the
prosecution has failed to lead any potent evidence to prove any of the
offences with which the Defendants were arraigned before this Court.
He argued that the purported confessional Statements of the 1st and 2nd
Defendants were extracted from the Defendants under questionable
circumstances render them involuntary and urge the Court to carefully
evaluate the statements with a fine-tooth comb.
- Hausa V. AGF (2012) LPELR 7821
- Achabua V. State (1976) NSCC74
- Idowu V. State (2000) 7SC Pt II P50
He further argued that for a confessional statement to be reliable, it
must be direct, positive, true and unequivocal of facts that satisfy the
ingredients of the offence with which the accused person is charged.
- Dibie V. State (2007) 9NWLR Pt 1038 P 30
- Otufale V. State (1968) NMLR P 261
It was his submission that the evidence given by the prosecution
during trial, under scares the unreliability of the confessional
statement.
- Daivo V. FRN (2012) 16NWLR Pt 1325 P129
- State V. Rabiu (2013) SNWLR Pt 1357 P585
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