21
day-to-day activities up to t~e st~p_s taken prior to hi~ arrest. Th:
contents of Exhtbit "C" point irres1st1bly to the fact that ,t was the 1
defendant that gave the information in the statement to the Police
and its being voluntary was not called to question. As such , I am
satisfied and find as a fact that Exhibit "C" was made voluntarily by
the 1st defendant. Now considering Exhibit "C" in relation to the
st
applicable test there is the evidence that the 1 defen~ant was
arrested with fresh machete cut wound on his head to show that
the confessional .statement which is Exhibit "C" is true on crucial
point. The circumstantial evidence of the P.W .1, P.W .2 and P.W .3
st
support the veracity of Exhibit "C". It was proved that the 1
defendant had the opportunity of committing the offence. It is seen
that in Exhibits "C" and "C 1" the 1st defendant admitted the
commission of the offence of robbery. The confession is direct and
positive and admits the essential elements of the offence of
robbery and so amounts to admission of guilt. Confession is the
best evidence of guilt against a defendant. It is stronger than the
evidence of eye witness because the evidence that is to say the
confession came from the said defendant. A voluntary confession
of guilt is sufficient for the conviction of a defendant and does not
need collaboration . In the case of NSOFOR VS . ST ATE (2004) 18
NWLR (PT. 905) 292 at page 311 , the Court held that a free and
voluntary confession alone, properly taken , tendered and admitted
and proved to be t~ue is sufficient to ground conviction provided it
satisfies the condition for admissibility.
I
SEE : QUEEN VS . OBIASA (1962) 2 SCNLR 402 .
ONOCHIE VS . THE REPUBLIC (1966) SCNLR
204 . .
MBANG VS . STA TE (2010) 7 NWLR (PT. 1194)
431 .
·
The prosecution has proved the confessional statement of the 1st
efendant which is Exhibit "C" and confirmed its content which
st
irectly linked the 1 defendant to the commission of the crime of
r?b~ery. Exhibit "C" if no doubt is created will suffice to ground a
finding of guilt regardless of the fact that the 1st defendant
retracte? it during the trial. It should be borne in mind that the
confe~s1~n of commission of an offence by a defendant or the
co~m1ss1on ~f an offence as admitted by a defendant can only be
evidence against him.