the only way of challenging the admissibility, voluntariness
and veracity of a purported confessional statement. See
QUEEN v EGUABOR (1962) (No. 2) 2 SCNLR 289; (1962) 1 All
NLR 285 at 29.
In
response
to
paragraph
8.1
to
8.10
particularly
paragraph 8.5 to 8.7, it is submitted that confirmation of
deliveries made under the contract in Exhibit A1 and A2
do not transform the contracts into valid contracts in the
light of overwhelming admitted unchallenged evidence
before the court that those contracts are not valid.
It is the submission that the contention by the prosecution
that the confessional statements by the Defendant should
be relied upon without being tested and corroborated to
gain a conviction should be discountenanced.
The
Supreme Court has in a plethora of cases affirmed the
legal position that a retracted confession must be
corroborated by independent evidence. See the case of
OGUDO v THE STATE (2011) 18 NWLR Pt 1278 Pg 1 at 26.
It is submitted that the only reliable corroborative
evidence would have been that of the alleged giver of
the gratification Alhaji Himma Abubakar, who despite
ample opportunities refused to call him to testify in favour
of their case. Court is urged to dismiss the charge in its
34