issue can conveniently dealt with the issue formulated by the defence
counsel. That is:“Whether looking at the totality of the
evidence adduced before this court, the
prosecution has proved its case beyond
reasonable doubt against the defendant.”
In his adopted written address, defence counsel submitted that the
prosecution has failed to lead potent evidence to prove any of the
ingredients of the offence with which the defendant was charged.
In his further submission at paragraph 4.1.2 of the adopted written
address, the defence counsel argued that the confessional statements of
the defendant admitted as Exhibit A, A1, C and C1 which the
prosecution seems to heavily relied on, is both laden with irregularities
and the defendant has unequivocally denied ever making them as they
were retracted by the defendant at the trial when he was giving
evidence as DW1 thereby necessitating this court to carefully evaluate
the purported confessional statements with a fine tooth comb.
- Haruna V. AGF (2012) LPELR 7821.
- Solola V. State (2005) UNWLR pt. 937 p. 460.
- Alarape V. State (2001) 14 WRN P1.
- Idowu V. State (2000) 7 SC pt. II p. 50.
At paragraph 4.1.9, defence counsel submitted that since the defendant
did not sign Exhibit ‘C1’ which is the English translated versions of
the
defendant’s
statement
at
Sabon
Birni
Police
Divisional
Headquarters, and has retracted making the statement, the said English
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