(1996) 2 NWLR (PT. 425) 1 @ 13, GALADTMA V
srATE (2012) 18 NWLR (PT. 1333) 610, AMOS V STATE (2018)
LPELR-4 4694 (SC), OJEGELE V THE STATE (1988) 1 NWLR 485
NWAEZE V STATE
(pr. 7L) 4L4 @ 4L4'417
PER EDOZIE JSC, BUSART V srATE (2015)
LPER-24279 (SC), SECTION 84 EVIDENCE ACT, YAHAYA
v STATE
(20 16) LPELR-4OZ54 (SC).
of kidnapping of
Pastor Kachikwu Prosper, etc. mentioned in count 2,4,6,8 and 10 of
Respondent submitted that the statement of the offence
information filed against the appellant are clearly against the appellant'
The Respondent submitted that a denial of exhibit P3 & Pl is an
afterthought, the Appellant failed to show the court the alleged gun-shot
injury. He cited OSENI V STATE (2OL7) LPELR-42546 (CA), LUKMAN
osEToLA & ANOR V THE STATE (2010) LPELR-48O3 (CA), HASSAN
v THE STATE (2001) 15 NWLR (PT, 745) P' L84, UMURU v THE
STATE, That the court can convict on retracted or resiled statement'
Respondent counsel submitted that Sec 139(1) evidence 2011 is
existence
of
circumstance bringing
to the
the case within any exception
or
exemption from or qualification to the operation of the law creating the
is
offence with which he is charged is upon such person' That all reaction
to prevent justice, and that the judgement is not perverse' He referred to
voluntary
Respondent and submits that a confessional statement is made
by an accused person even if is subsequently retracted is sufficient to
(2005);
sustain a conviction. He cited SOLOLA & ANOR VS STATE
AT 13',
MONDAY NWAZE VS THE STATE (1996) 2 NWLR (PT' 428) 1
cA.AS.40C.2022
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