and also the confessional statement of the Defendant
and find him guilty.
It is the submission that the retraction of confessional
statement do not render it inadmissible or insufficient to
ground a conviction.
See TESWONOR v STATE (2008) 1
NWLR (Pt 1069) 630 at 654 Paras F – G.
That the
Defendant ought to have objected to the admissibility of
the confessional statement at the time of tendering same.
See ALO v STATE (Supra).
On the issue of not calling Himma Abubakar as a witness
for the prosecution, it is submitted that failure to call
Himma Abubakar is not fatal to the prosecution’s case
which has been proved beyond reasonable doubt.
In response to the Defendant’s submission that the
prosecution failed/omitted to prove existence of contract
between SEI Nigeria Limited and NAF, it is submitted that
the submission of Defendant’s senior counsel with respect
to the above lacks substance and merit.
There is
evidence before the court which established that NAF
took benefit of the supplies by SEI Nig. Ltd and there is no
dispute between NAF and SEI Nigeria Limited on the
validity of the contract.
29