course of trial showing that the statements were obtained
by oppressive means, without going through a trial-withintrial, such a statement will not be considered admissible
for that purpose. See BELLO v COP (2018) 2 NWLR Pt 1603
Pg 207 at 319 – 320.
The Defence argued that there is nothing outside Exhibit
N1 – N5 to demonstrate that it is true; the only evidence
outside the purported confessional statements that would
have swayed the court is the evidence of Himma
Abubakar or that of an accredited representative of the
company “Societe D’ Equipment Internationaux which is
alleged to have “corruptly” offered the gifts identified in
the 4 amended counts to the Defendant. Therefore the
failure of prosecution for not calling the said Himma
Abubakar or any one from his company is fatal to the
case of the prosecution. See ALAKE v STATE (1992) NWLR
Pt 265 Pg 269.
It is the submission that the facts contained in the
statements Exhibit N1 – N5 cannot be correct when
placed side by side with the thorough and indeed
exhaustive evidence of the Defendant. The confession
alleged cannot be true because the statements do not
establish or prove the ingredients of Section 17(a) of the
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