analysis from the Court of Appeal on the evidence led during the Trial within Trial. On the authority of the decision in the case of Nwachukwu vs The state (2008)6 ACLR 343 paragraph 15 where the Supreme Court held that an Accused can be convicted on the confessional statement made by him provided it is direct, positive and un-equivocal about his commission of the crime, subsequent attempt to retract notwithstanding, this court was thus to convict him on his voluntary confessional statement. The retraction by the accused, was submitted as of no moment on the authority of the decision in the case of Akpan vs The state (2001) of SCNJ 567 at 580 where the Supreme Court held that retraction of confessional statement by the accused cannot invalidate it but only goes to the weight to be attached to it vis-avis other pieces of evidence. The defence contended otherwise and relying on the case of Lt. Commander Steve vs Chief of Naval Staff (2002) 19 WRN 26 to submit that confessional statement must be weighed against other existing evidence that establishes the authenticity of the confession. Further to that, it was submitted on behalf of the Accused that “..No statement by an accused person is admissible in evidence against 17

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