“The appellant made a statement at Birnin Gwari
Police Station Buruku that statement was never
tendered in court.
The prosecution is expected to
tender all the statements made by the accused
person to the police at the time of his arrest or
subsequently.
In this case the appellant made a
statement at Birnin Gwari Police Station (the Fist
Station he was taken to after he was arrested. The
prosecution did not tender the statement at trial to
deprive the appellant standing trial for an offence.
The use of his statement made to the police to my
mind renders the trial unfair”
It is the contention of the Defence that the Defendant
was not given access to the services of a lawyer despite
several requests by him.
At this point it is necessary to look at the provision of
Section 36(6) (b) of the Constitution of the Federal
Republic of Nigeria 1999 (as amended) and particularly
Section 14(2) and 17 (1) and (2) of ACJA 2015.
For want of doubt Sections 14(2) and 17 (1) and (2) of
ACJA 2015 is reproduced thus:
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