Section 135 of the Evidence Act 2011 which provided that whoever
assert the existence of a particular fact, has a duty to prove it.
Before I proceed, let me dispose up the issue of admissibility of the
Defendants statements which the defence counsel submitted to have
been made involuntarily.
On the 25/11/2020 when the prosecuting counsel sought to tender the
statements of the Defendants in evidence, the defence counsel objected
because according to him, the Statements were made by the
Defendants after they were tortured and therefore involuntarily made.
Consequent upon the foregoing objection, the statement were not
admitted in evidence but were left hanging so that both counsel will
addresses the Court in their final addresses so that the Court the trial
Court will make a pronouncement on the admissibility or other wise of
the said confessional statements in the final judgment in compliance
with Section 4 of the Sokoto State High Court practice Direction 2020
No.2 issued by the Honourable Chief Judge of Sokoto State pursuant
to and in exercise of the powers conferred upon him by section 274 of
the CFRN 1999 as amended.
Section 4 of the practice direction provides:“4(1) when a Defendant raise objection to
the admissibility of a confessional
statement on the ground that it was not
voluntarily obtained, the prosecution
shall, if it desirous of disputing same, as
part of its case, proceed to call witnesses
and or adduce evidence to prove that the
said statement was obtained voluntarily.
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