(SC);
STATE V GWONTO
(1983) LPELR -3220 (SC) to the effect that
omission of the lower court caused miscarriage of justice.
On issue 2, Appellant said the case of OSENI V STATE LPELR-7833
(SC) (2012) was misapplied, and that position of the law on admissibility
of
retracted confessional statement has radically changed after the
introduction of Sec 15(4) of delta state ACJAL; which requires statements
be taken in presence of a person of the defendant's choice or the making
and taking of such confessional statements must be recorded in a video
and failure to comply with fatal consequences. He cited OWHORUKE V
cOP (201s) 1s NWLR (PT 1483) 557; NNAJIOFOR V FRN
(zols) 2
NWLR (PT. 1655) LST,INAKOJU V ADELEKE (2007) ALL FWLR (PT.
353) 3 @ 199 PARAS. E-F.
Where the appellant submitted that where corroboration
is needed the
prosecution must call witnesses in proof of their case. That exhibit Pland
P3 are both documentary evidence and cannot even by
a stretch of
imagination qualifo, as oral confession. See, JUA V THE STATE (2010)
LPELR-1637(SC). That adherence
to
section 15(4) OF ACJDST was
sacrosanct in recording statements and that the state failed in this respect.
Appellant contends
that Exhibit P3 cannot be a corroboration of
the
confessional statement because it was not demonstrated in open court and
that all observation at page L44 of the records which are investigations and
enquiry done at the recess of the Judge's chambers. He cited YONGO &
ANOR V COP (1992) LPELR -3528 SC, TNTERNATTONAL BANK V
cA.AS.40C.2022
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