statement on oath paragraphs 4,5,6,7 and
8. He cited OSENI V THE
srATE (2OL2) LPELR-7833 (SC).
He submitted that the recording of the accused was in line with Section
15(4) of the ACIL 2016. He submitted that section 15(5) of the ACJL Delta
State provides that notwithstanding the provision of sub section 4 an oral
confession of arrested suspected suspect shall be admissible in evidence'
Furthermore, the court properly evaluated it at page L44 from line B of the
record and based on this, he submitted that the submission of appellant
counsel is misconceived. He cited OGUNZE
V STATE (1998) 58
LRCN
35L2, KOLAWOLE V STATE (2015) LPELR-2478L (CA), TEGWONOR
v srATE (2008) ALLFWLR (PT 424) L484.
He submitted that a court is entitled to act on the evidence of one single
witness if that witness is believed given all the circumstances of case; see
suNDAY V THE STATE (2010) 18 NWLR (PT. L224) P223, MONDAY
NWAEZE V THE STATE (1996) 2 NWLR (PT. 428) 1 AT 13, VTCTOR
v srATE (2013) 12 NWLR (PT. 1369)
PG. 465 @ PG. 485 PARAS. E-
F
Furthermore, Respondent submitted that the issue raised by the Appellants
counsel that learned judge convicting the Appellants on the retracted
confession statement clearly failed the veracity test laid down in line with
the case of OGUDU v THE STATE (SUPRA).
That confessional statement is made voluntarily by the accused even it is
subsequently retracted, it is sufficient to sustain a conviction; the
Respondent cited SOLOLA
& ANOR VS STATE (2005) SC, MONDAY
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