10
\)
with regard to "TWT2" which the Defendant
was requested to
make for clarification, it is my view that the statement having been made
by the Detendant at the request of the officials of the tr.F.C.C
and not
on the volition of the Defendant himself "TWT2" was not voluntary and
it is therefore inadmissible by virtue of Section 29 (2) of the Evidence
Act 2011. See State vs Salawu (2011) LPELR (SC) 25-26. As for
"TWT
l
",
I do not believe the Defendant that the "PW2 promised him
any benefit for him to admit what he did in that statement to the
authorities. It is in pith and substance, a mere repetition of what he had
earlier admitted in Exhibit "A", with which he was confronted and
buttressed by his cheque, Exhibit
operative
"Al" already issued to the Co-
.
From the evidence of "PW2" and the Defendant in the trial within
trial, as well as the contents.of "TWTl", it is not in doubt and I find
as
fact that "P'W2" put some questions to the De&ndant in the process
of
him making the statement he wrote in his own handwritten. However, it
would appear and I believe the Defendant that the questions put to the
Def-endant by the
"PWl only
had to do with introductory matters and
not the substance of the allegation against him. In fact, in his evidence
in
the
"TWl",
the Defendant said, inter-alia, when the
"pw2"
asked
of
his name, the number of wives, children, where he worked and the place
he was from and such other questions, he protested against the
interjection but he did not suggest, beyond alleging he told him to co-