wants to invest which he got from his brother who is a houseboy to
one Oyinbo man in London. He equally confessed how he has
gone to the nominal complainant (PW3) and disguised himself as
NEPA Staff to check her meter reading.
He also confessed to
have brought one box to her which was full of fake pound sterling
and told her that one Hajiya S.A. Sanusi will come and clean the
money for them.
It is also the submission that the corroborative evidence of PW2
and PW3 must not be completely the same with the other
evidences but must be evidence which confirms in some material
particular not only that the crime has been committed but also
that it was the accused who committed it. See IGBINE v STATE
(1997) 9 NWLR (Pt 519) 101 at 110.
On Issue two, it is the submission that Section 28 of the Evidence
Act defines what confession is and Section 29 makes such
confession relevant against the person making it if it is voluntarily
made.
The test for determining whether a statement is
confessional has been laid down in so many cases. See NSOFOR v
STATE (2004) 18 NWLR (Pt 905) 292 at 310 – 311 where the Supreme
Court state the condition as follows:
(a)
Is there anything outside the confession to show it is true.
(b)
Is it corroborated.
(c)
Are there relevant statements made in it of facts , true as
far as they can be tested.
(d)
Was the prisoner one who had the opportunity of
committing the murder.
9