prove it's case beyond reasonable doubt. So many co-existing circumstances
weaken the inference of guilt against the Defendant in this case.
On confessional statements, this Court refers to the case of Kazeen V.
State, supra, and emphasis that the six tests which the court are enjoined to
employ to test confessional statement must be emphasized in this instant case.
They are:
(1 ) Whether
there is anything outside the confession to show that it is true.
(2)Whether the statement is corroborated
(3) Whether the statement of fact made in the confessional statement so
far can be tested as trust.
(4)Whether the Accused (or Defendant) has the opportunity of committing
the offence charged.
(5)Whether the confession of the Defendant was possible.
(6)Whether the confession was consistent with other facts which have
been ascertained and proved at the trial.
ln Exhibit A, the Defendant gave details about where he was on that
particular weekend at his duty post in the said branch of First Bank of Nigeria PIc.
Then of course, gave details on what transpired on Saturday the 20th of
February, 2022, and also on the 21"1 of February, 2022. on 20th of February,
2022, himself and Vitalis closed at about 6.30p.m, and left. Then on Sunday,21"'
of February, 2022 and in Exhibit A stated that himself and Vitalis closed at
4.38pm, leaving his key at the place where he kept it at the gallery. !n Exhibit A, it
was stated therein that the key to the main door was handed over to Vitalis by
the custodian. lt is also stated in the Additional Statement dated 22nd of February,
2022, that Vitalis has the combination and password to the machine, which was
the key as the supporting staff.
Now, to test whether this confession is possible, the sum of Eleven million,
Four Hundred Thousand Naira is quite a huge bulky sum of money, and, it must
be carried out of the bank's premises. The security men who would have given
vital evidence as to who they saw with a bag did not come to Court to give
evidence. That is a gap.
The specific sum of money stolen has not been proved or ascertained by
virtue of the fact that no records or Audit Reports have been brought to this Court
to confirm that such sum of money was indeed stolen. No staff of First Bank Plc
came to Court to testify that it was part of the operational guidelines for staff to go
home with keys or to keep keys within the premises.
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