formulated by the prosecution and the 3 issues formulated by
the defence counsel and is hereby produce below as follows:“Whether considering the totality of the evidence led
before this Honourable Court, the prosecution has proved
its case beyond reasonable doubt against all the
defendants in respect of the offences with which they were
arraigned.”
Arguing their position, the learned defence cancel submitted
that the offence of kidnapping has not been proved by the
accidence of the prosecution witness.
Counsel contended further that prosecution witnesses did not
visited the scene of crime nor was the victim’s statement
taken to prove that he was kidnapping and confined to any
place against his will.
- Bello Okashetu V State (2016) LPELR 40611.
It was further submitted by the defence counsel that the
evidence adduced by the prosecution did not link the
defendant with the commission of the offences alleged against
them as the defendant were neither arrested nor apprehended
in the act of the alleged kidnapping.
It was his argument that the prosecution ought to have led
evidence to show the date communication of the Sim lines
used by the defendant to call any of the victim family with
specifies time and date but that evidence is nonexistent.
It was further contended by the defendant counsel that
extrajudicial statement of a defendant that is confessional in
nature is generally in admissible unless there is evidence
outside the confession that makes it true and that in respect of
the case of the defendant counsel argued that there is no any
other evidence outside the confessional statement.
- Afolabi V. State (2013) LPELR 20700.
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