voluntarily, and the other parts are mere
continuation of it, the evidence of the prosecution
that the statement was made without any threat in
particular or inducement or promise to the
Appellant was not in any way controverted by the
Appellant. This is because by the provisions of
section 94(2) of the Evidence Act, where a document
has been executed in several parts, each part shall
be primary evidence of the document. Similarly,
under section the provision of section 115(b) of
the Evidence Act, the court is required to presume
that any statement as the circumstances in which
all the parts of the single statement made and
signed by the Appellant are true. The Appellant had
stated in the 2nd and 3rd parts of the statement that
each was made voluntarily. Hearing on the 2nd part,
at page 11 of the record.
“This statement is perfectly voluntary”
Then on the 3rd part at page 12.
“I write this statement in my own volition as a
perfectly voluntary statement from me”
In resolving the issue for the Respondent the Court
of Appeal concluded thus:
“....The presumption that the above circumstances
stated by the Appellant himself are true has not
been rebutted any part of his evidence at the trial
15