/ ... . I 20 (c) Are the relevant statements made in it of facts true as far as they can be tested? (d) Was the defendant one who had the opportun ity of committing the offence? (e) Is his confession possible? (f) Is it consistent with other facts which have been ascertained and have been proved? SEE : KABIRU VS . A. G., OGUN STATE (2009) 5 NWLR (PT. 1134) 209 . NSOFOR VS . STATE (2004) 18 NWLR (PT. 905) 292 . ..... u - If the confession~! statements pass the tests satisfactorily, it will be proper for me to convict based on them unless other grounds of objection exists. ·However, if the confessional statements fail to pass the tests , no conviction can properly be founded on them and if any is founded on them , it will invariably be overturned on appeal. As I said earlier, the evidence the prosecution tendered at the trial in respect of the point under consideration is only the confessional statements of the defendants which are Exhibits "C 11 , 111 111 "C and "0 and the circumstantial evidence that one of the robbers was inflicted with several machete cuts on his head during st the robbery operation and the 1 defendant was arrested with fresh machete cuts wound on his head in the morning of the incident. I have the duty to consider whether there is any evidence corroborating the confessions which are Exhibits "C 11 , "C 111 and 111 "D . However, in doing that it should be borne in mind that 1 Exhibits "C", "C " and "0 1" as I said earlier, are not confessional statements of the offence of armed robbery for which the defendants were eharged . The 1st defendant in Exhibits "C11 and 1 ---............"C " _confessed to having committed a lesser offence than the one lie 1s alleged to have committed . In the same vein, the 2 nd "(" efendant in Exhibit "D1 " confessed to having committed a lesser ~ offence too . ·'/) In the first place, Exhibit "C" which is the 1st confessional st statement of the 1 defendant contains lucid details of the st background of the 1 defendant and graphic description of his

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