above have been judicially considered in the unreported
decision of the Court of Appeal in CA/L/727A/2017
AKAEZE CHARLES v FRN delivered on the 19th Day of
March 2018 where the Court of Appeal discountenanced
statements recorded in such circumstance as that of the
Defendant in the instant case.
In
response
to
paragraph
4.27
and
4.28
of
the
prosecution’s final written address, it is submitted that
contrary to the prosecution’s submission to “facilitate”
cannot
mean
put
differently
to
mean
“supervise/oversee”. The words are not synonymous. To
facilitate is to assist.
The case of ADEBAYO v A.G. OGUN STATE (Supra) cited
by the prosecution in paragraph 4.33 in support of
paragraph 4.32 in urging the court to convict the
Defendant based on Exhibit N1 – N5 and Z7 (being
purported confessional statements) is not applicable to
this case in that, those cited exhibits masquerading as
confessional statement have not been proven to be true
in line with the Supreme Court decision in Bello V cop
(Supra).
In response to paragraphs 5.17 to 5.25 of the prosecutions
address, it is submitted that a call for “trial-within-trial is not
33