L2
\l
meant to sap the free
will
and indeed sapped the free
will of the
Defendant. It is only when that method does so that the statement will
be regarded as rnvoluntarily and inadmissible. In
ogba Vs State
Qa]2) LPELR (CA) Irg-zl,Ilryegh JCA at pages tg-ztstated the law
thus:
"Normally, a confessional statement arising from oppressive
question and answers session between the police recorder and
the accused is inadmissible in evidence...
Exhibit
"r'
A
sober look at
does not bear out the allegation that it was the
product of specific or selected questions already prepared by
the police to extract inculpatory answers from thr: Appellant.
consequently, I do not agree with the Appellant that Exhibit
"J" was the product of question and answer session between
"P'w4" and the Appellant to render the confession in Exhibit
..Ir.
In Jimoh salawu vs state (2t12) 20 wRN
I @zs-2fi,it was
held
"It
is perhaps necessary to emphasize it is not a rule of our
.
criminal procedure law and the law of evidence, where in the
course of recording the statement of an accused person, a
police officer asks questions and records the answel by the
accused person therein, the statement automatically becomes
involuntary anrl thus inadmissible in law. That was not the
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