Counsel further argued that the extra judicial statement of the
defendant having fell short of the judicial lest and not made in
accordance with the provision of Section 17(2) of the ACJL
2019 of Sokoto state the statement are inadmissible
- Babatunde Afolabi V. State (2021) LPRLR 53501.
Counsel contended that by the provision of Section 83 (1) (a)
and (b) of the Evidence Act 2011 as amended, the police
officer through whom the statement of the defendant were
tendered is incompetent to tender them because he was not
the maker he therefore urge this court not to ascribe any
probative value to them.
- Belore V. AHmed (2013) 8 NWLR PT 1355 P 60.
- Olanify Ofimi V. State (2017) LPELR 42768.
Learned defence counsel argued that the defendant called 4
witnesses in their defence and whose evidence was not
contradicted.
Counsel finally submitted that since the prosecution has
failed to prove its case beyond reasonable doubt as required
law he urge this cannot to discharge and acquit the
defendants.
Reacting to the submission of the defence counsel the
prosecution submitted that based on the evidence led the
prosecution has without any equivocation proved its case
against the defendant beyond reasonable doubt. This is
because according to the prosecution, the defendant
confessed to the commission of the crimes in their
confessional statement already admitted on evidence, and
that confession is the best evidence to prove a crime.
- Saliu V. State (2014) ALL FWLR PT 743 P 2051 at 2069.
- Hassan V. State (2001) 6 NWLR PT 709 P 286.
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