Prosecuting counsel finally urge the court to discountenanced
with the submission of the defence counsel and admit the
statement in evidence.
In his reply to the submission of the prosecuting counsel, the
learned silk submitted that issue of order of arrangement of
names cannot be viewed as inconsequential as the Supreme
Court has held that it is fraudulent for any person to use
different names chamelionically.
- PDP V. Degi-erenieye (2020) LPELR 49734.
Learned silk then finally submitted that Section 83 of the
Evidence Act 2011 applies in this matter and urge the court to
reject the statement sought to be tendered.
As to the irregularities in the name of the defendant and that
of the interpreter/recorder of the defendant’s statement
sought to be tendered in evidence, the contents of the said
statement sought to be tendered in evidence, the contents of
the said statement shows that the name of the defendant as
written on the statement, is “Mohammed Dahiru” while the
name of the defendant on the charge sheet, is “Dahiru
Muhammed”. Similarly while the person authorized by the
defendant to interpret and record his statement as can be seen
on the statement sought to be tendered, is one “Umar Moh’d
Mohammed Yabo” but the name of the person whose name
was written at the end of the defendant’s statement as
recorder is one “Umar Mohammed Yabo”.
Dealing with the discrepancy in names, the Supreme Court
Per Abba Aji JSC in the case of Abubakar V. INEC (2020)
12 NWLR PT 1737 P 37 at 172 has this to say:-
Page 29 of 43