beyond reasonable doubt and urged the court to convict and sentence
the defendant.
Also defence counsel reply to the response of the learned prosecuting
counsel;
a- That there is material inconsistency in the prosecution’s piece of
evidence.
b- The confessional statement (Exhibit A and A1) was made by
Wadata Dan-umma and not the defendant, hence it is
inadmissible against the defendant who has not made the
statement.
c- Due process was not followed by the officers in obtaining the
alleged confessional statement. Hence the voluntariness of the
statement is questionable.
Learned defence counsel submitted that the defendant denied
committing the offence in his evidence before this court, also defendant
brought to the court attention ------ material inconsistency in the
prosecution case as to the identify of the actual offender because the
prosecution has not established beyond reasonable doubt that the
defendant is the same as Wadata Sahabi and Wadata Dan Umma
counsel further submitted that both PW3 and PW5 confirmed that the
defendant has no other name and that Wadata Sahabi is never the
same as Wadata Dan Umma.
Learned counsel submitted that the prosecution argues that, the
retraction of the statement by the defendant does not render the
statement inadmissible, but prosecution has not joined issues on the
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