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. Page 9 of 22

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