Evidence Act, 2011, evidence obtained in contravention of an existing
law, is admissible in evidence unless the court is of the opinion that the
desirability of admitting the evidence is outweighed by the
undesirability after considering the manner in which the evidence was
obtained.
- Kekong V. State {2017} 18 NWLR pt 1596 p 108 at
135-136
- Haruna V. AGF {2012} ALLFWLR pt 632 p 1617 at
1636
- Ibrahim V. Ogunleye {2012} 1 NWLR pt 1282 p 489
From the foregoing cases, it follows therefore that while the ACJL sets
the ground or steps on how statement should be recorded, such
statement when passes the test set out in the Evidence Act, it will be
admitted as the ACJL must bow to the provisions of the Evidence Act.
- Elewanna V. State {2019} 46 WRN 147
- AG Abia State V. AGF {2002} 6 NWLR pt 763 p 263
- AG Lagos State V. Eko Hotels ltd {2017} LPELR
43713
In the view of all the foregoing, this court is of the humble view that
since the defendants were duly cautioned but decided to voluntarily
made their statements, and there is no evidence before this court that
the contravention of section 17 of the ACJL of Sokoto State 2019 was
either deliberate or done recklessly and the statements have been
declared relevant by section 1 of the Evidence Act 2011, the said
statements were rightly admitted in evidence and the urge to expunge
them from the record of this court, is hereby refused.
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