APPELLANT'S LEGAL ARGUMENT
ISSUE 1
The Appellant contended that the lower court was wrong to have convicted
the Appellant based on the retracted confessional statement that was not
corroborated by any independent evidence laid before the court at the trial
of the case. That there are conditions to be met before a valid conviction
can be placed on a retracted statement;
a)
Whether there is anything outside the confession to show that
it
is
true
b)
Whether the relevant statements made in it of facts are true as far as
can be treated
c)
Whether the relevant statement made in it of facts are true as far as
can be tested;
d)
e)
f)
Whether the prisoner had the opportunity of committing the offence;
Whether his confession is possible
Whether it is consistent with other facts which have been ascertained
and have been Proved.
He cited STATE V USUMAN
(2021) 16NWLR (PT 18Ol) 73 Nr 96 and
referred to page 143 of the record that only a witness testified for the state
and there was is no other fact proved or established at the trial apart from
the alleged confessional statement to show that its true' That exhibit
was a mere transcript or reduction into writing of the content of exhibit
'.i
r.. i
cA.AS.40C.2022
li
1
3lPage
P3
P1