statement or, it is absence, the presence of the suspect’s
legal practitioner, during the writing of such statement,
rendered such statements impotent and inadmissible.
In the instant case as stated earlier, the Defendant led
evidence to the fact that he was refused the access of a
legal practitioner when he was being interrogated and
when he made his statements (Exhibit N1 – N5).
Under cross-examination of PW 4, the witness stated that
there was no specific video recording of the statement of
the Defendant to the commission.
In the light of the above, I am of the considered view that
the non-compliance with the provision of Sections 15(4)
and 17(1) & (2) of ACJA 2015 is fatal to the case of the
prosecution as the said Defendant’s statements are
rendered impotent and inadmissible, I so hold.
Now on the non-calling of Himma Abubakar/Societe D’
Equipments
Internationaux
prosecution as a witness.
Nigeria
Limited
by
the
On this, the prosecution
submitted at paragraph 7.3 of his address that the law is
settled that the prosecution has no obligation to call a
number of witness(es) or a particular witness, since the
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