defendant tendered the police crime diary through the PW4 d
·
.m evidence
.
.
an same was received
as exhibit P3.
PW4 insisted that PWl mentioned( the name of the 1st d . :-. d t h ·
,
e1en an w o m tum
nd
revealed the name of the 2 defimdant. PW4 further stated that he did the
preliminary investigation before the case was transferred to SARS AwkUzu for
conclusion of the investigation.
In all the evidence of PWl, which was corroborated by other defence witnesses, it
st
was maintained that the 1 defendant was at the scene of the crime. The 1st
defendant himself testifying as DWI :admitted that he knows the PWl ' s family and
he knows the complainant. He admiitted signing exhibit Pl when he was told it
would assist in facilitating his relea\se on bail. However, the police officer who
wrote the extra judicial statement \did not write what he told him to write.
Essentially, he told the police officer \that he did not participate in the robbery. Due
to the significance of the confessiornU statement, I am constrained to reproduce it
here. It was made on the 30/5/16, th~ same day the 1st defendant admitted he was
arrested. He stated, shorn of the preli)minary information and cautionary words, as
follows :
"I am of the above address and\I reside same (sic) I know the complainant in
this case as well as other fan~ily members. They are my customers as I
usually go to their shop to buy !cigarettes and other items. It is truth (sic) that
I and two other (sic) went to t\he complainant's house/store to rob them of
their cash and other valuables. lwe are only three not four as claimed by the
complainant. The people invol✓red are one Chijioke Nwoye of same address
and Ifeanyi Okafor of same ad~lress. The money we got was shared equally
at N35,000:00 (Thirty Five Tl,~ousand Naira only) each. The other items
which includes phones, single~s and others were taking (sic) by Ifeanyi
Okafor who has fled to Enugu State. We did not use gun but a ply wood that
is short in size. After the opera\tion, we threw it into the Uruokwe primary
school as we were·running homf'.
Now the 1st defendant (DWI) in his ievidence in chief stated that when he was
taken to SARS Awkuzu, he was ilnterrogated. He admitted making another
statement. According to him, he told tile men of SARS that:
~
21