st
The counse l for the 1 defendant: S.C . Nwosu, Esq. raised the follmv ing issues for
determination :
1. Whether the confessional Statement of the 1st defendant fell short of the
procedure stipulated under :;ection 13 of Administration of criminal j ustice
law of Anambra State 2010 and whether probative value can be attacihed to
st
same to ground the conviction of the 1 defendant in th is case.
2. Whether the fact contained in exhibit P3 created doubt as to the guilt of the
st
1 defendant ,ind whether court can safely rely on same to exonerate the I st
defendant from any criminal liability.
3. Whether by the evidence adduced by the parties, 'i:he prosecutor has proved
his case beyond reasonable doubt.
The learned counsel for the prosec ution : J.C. Emebie, Esq distilled a lone issue, to
wi t:
" Whether in view of the total ity of ev idence at the trial , the prosecution has
discharged the onerous burden of proof placed on it under the law, thereby
proving the case against borh or any of the defendants beyond reasonable
doubt"
Hav ing critically examined all the issues as formulated by counsel , I found issues 2
st
and 3 as formulated by the learned counsel for the l defendant to have the same
c0n:scquence or connotation or imp lication w ith the issues that were formulated by
the 2 nd defendant' s counsel and the prosecution counsel. In other words , all the
four issues can be resolved under a generic issue. Learned prosecution counsel
generously supplied such an issue. l would, therefore, adopt the issue raised by him
st
as issue No . 2. The 1 defendant' s counsel issue with regard to the admissibility or
st
otherwise of the confessional StatE:ment of the 1 defendant would be treated as
issue No . 1. All the arguments which were proffered by counsel would be
considered within the confines of the two issues I have indicated.
In essence, the extant issues for determination in this case are :
st
l . Whether the confessional Statement of the 1 defendant fell short of the
procedure stipulated under section 13 of Administration of criminal justice
ff
\! "
law of Anambra State 2010 and whether probative value can be attached to
st
same to ground .the conviction of the 1 defendant in this case.
1
l '/
i
-~
0
10