In the entire judgment of the court there was no thorough analysis of the
said confessional statement, Exhibit P3, by the court, contrary to the laid
down procedure to test the veracity of the confession given by an accused
person. The tests are whether; a) the confession is the truth b) the
confession was corroborated c) the confession was consistent with other
proved or ascertained facts. OSEMUDIAME DANIEL
LPELR -495L4 (CA), ONYENYE
V STATE (2019)
V STATE (2012) 15 NWLR (PT
L324) s86
The confession was not passed through any of this test, no analysis about
whether the confession was corroborated or consistent with other proved
facts,
The lower court dealt with the video exhibit P1 at length and analyzed
same in comparison with the evidence in chief and cross examined' The
video was tendered by PW1 and admitted exhibit PW1,
I have examined
the record and read the entire judgement and nowhere can it be seen or
observed that the video was ever played or demonstrated in court by the
prosecution.
In the apex coutt decision of
DICKSON
V SLWA 2016 LPELR
4L257(SC) the meaning of document was defined thus;
"By the provision of section 258(1) of the Evidence Act,
}OLL, "document" i ncl udes:
a disc, tape, sound track or other device in which
sounds or other data Cnot being visual images) are
embodied so as to be capable (with or without the aid
of some other equipment) of being reproduced from
cA.AS.40C.2022
15
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