See,the case of SOWEMIMO V. STATE [2004] 11 NWLR [
'
Sc ~foIa Iu V State (2010) 16 NWLR pt 1220 584 at 617
1
pt. 885] 515,I
.
.
. \
paras. H.
,
In t e 1nstan case, the Defendarit did not inform the p 1·
b
!
o ice a ~ut hi~
wh~re about for 1nvest1gat1on rat~er he confessed to be at th
t'.
h .I •
.
, 1
e scene o ,
t e nme. Again, the ~ne~uivocal evidence of Pw-2 tied the Defendant
to t~~ s_cene f the c~tme tn ques, ion. In the circumstal,lce, the defense:
of ltbt can ot ~vatl t_he d~fe1dant as the said Defendant'~ alibi
ema ated from him while being ~ross-examined and he did not offeri
any vidence to substantiate his claim that he was at the market or of,
those with w om he was at the ~arket at the material time. See the
case EYISI V. HE STATE [2000] 12 SC [pt. 59~] 59 CA~ The bottorr,-line .
is th t the al bi raised from the \witness bol( is an afterthought and
bere 1t of any probative value. s7e the cases of Arch boJilg vs. State
1
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•• •·
•
•
•
•
1
.f
.
1
(2004\) 1 NWL
pt. 855 488 3.50, Ndukwu Vs; State (2009): 7 NWLR pt
1139 pg. 11-1 .
.
I
.
In th ~ instant ase there is no cont ~ary evidence tha~ the deceased who
was st seen ith the Defendant was killed by another person except
the D\efendant. It is trite that whe~e circum_st~ntial .evidence is_ cogent
and directly p 1nts to the accused, \the conv1ct~on met the requirement
of the law. See the case of Okoro ~s State (2012} IKLR pt. 305.;pg. 339.
Confe~sional st tement of the Detepdant recorded and tendere~ by th_e
police\ [PW4] i~ part of the evidencr adduced f~r the ~ros~cu~1on. -It 1s
:trite that if a p,rrson makes a volu 1tary confess_1on which IS ·, direct ~nd
· positive and is \~roperly proved, he piay be_ convicted on the .con~ess1on
I. without any fu ther evidence. Conff ssion 1s the best form of evidence
\which can be r \ lied upon and s~curr conviction without corroboration.
\Musa V State (io13} 5 NWLR pt. 1359 pg. 214.
o determine , \the veracity of a\n accused persons' conf~ssional
tatement the dourt is expected to ~ubject it to the following tests.
If
1
,
a)
I
I
.
Is there 9nything outside th~ Confessional Statement to show
that it is true?
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SUIT NO. 0/49t/2016: THE S!TATE VS CHIBUIKE DURU
Judgment delivere~ on 19/04/2018
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