In response to paragraph 2.15 at Page 7, paragraph 4.11,
4.16 and 4.20 at Page 13 of the prosecution counsel’s
address,
it
unchallenged
is
submitted
evidence
as
that
to
the
how
Defendant’s
the
purported
confessional statement were obtained from him by the
EFCC operatives puts a huge dent on the weight of the
evidence to be attached to those statements; hence
Exhibits N1 – N5 and Z7 relied upon by the prosecution as
confessional statements cannot qualify as such except it
has passed through the laid down test, for determining
whether
a
statement
qualifies
as
a
confessional
statement.
It is further submitted that “trial-within-trial is not the only
way to determine the voluntariness or otherwise of a
confessional statement. See BELLO v COP (2018) 2 NWLR
Pt 1603, Pg 307 at 319 – 320.
Furthermore,
contrary
to
Section
36(6)
(b)
of the
Constitution of the Federal Republic of Nigeria 1999 (as
amended) and Section 14(2) and 17(1) and (2) ACJA,
2015 the Defendant was not given access to the service
of a lawyer despite several requests by him and even
when he had a lawyer from the NAF. This missteps and
contraventions of the provisions of the ACJA described
32