HASSAN V THE STATE (2001) 15 NWLR (PT 745) P184 the appellant
will not interfere with findings of the lower court.
Respondent submitted that the appellant claimed he was coerced to make
the statement under duress but that he did not say he was shot before
making the video recording but was saying so for the first time. That
several incidents mentioned to the appellant and he said he was only
involved in four of the kidnapping incidents.
That from the veracity test the court passed the evidence through it and at
page 145 line 5 he referred to section 139 (1) of evidence act 2011 That
the exception is or exemption or qualification to the burden of proving this
lies on the appellant, He cited HASSAN V STATE (2001) LPELR-1358
(sc) L2-L3, OZANA UBTERHO V THE STATE (200s) LPELR-3283
(sc),
SEDAMTNE V STATE (1996)
3 NWLR (PT 438) s30, AKPAN V
srATE (2001) LPELR-383(SC)
The respondent submitted that the court examined the video recording,
Exhibit PtlPz several times over and over again, at 02;35to 02;58,05; to
05;23, 06;31
to O7;I3 and 09;34 of the video recording, the appellant
consistently stated that all he did was to drive his co-defendant/accomplice
and whoever it is they took hostage from one place to another.
REPLY TO ARGUMENTS
Appellant objected
to issue 1 of respondent 's brief raised therein on
ground that same was not formulated by appellant and amounted to an
abuse court process and be discountenanced, as it is not formulated by the
Appellant. That
the
Respondent neither
filed
a cross -appeal nor
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