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September 9, 2019 11:12 am
"The learned trial judge observed the witnesses and saw their demeanor before ascribing probative value to their evidence and admitted the appellant’s statement in evidence, which is not perverse as rightly argued by the learned counsel to the Respondent. The wrong procedure was not followed and the finding was supported by evidence therefore, this court would not tamper with same. The confessional statement was rightly admitted in evidence as Exhibits PW6A and PW6B, and became part of the case of the prosecution which the learned trial judge rightly considered in its judgment. The fact that the statement was retracted is immaterial otherwise, any accused person that confesses to having committed a crime would easily retract such statement to go scot free by the mere retraction of his confessional statement. See, Akpan Vs. State (2001) LPELR – 383 (SC) P.21, Paragraphs C-E; (2001) 15 NWLR (PT 737) P. 745, Idowu Vs. State (2000) LPELR – 1429 (SC) PP. 44-45, Paragraphs F-A, Mumuni & Ors Vs. State (1975) LPELR – 1926 (SC) P. 18, Paragraphs D-E and Darlington Vs. FRN (2018) LPELR 43850 (SC) PP. 17-18, Paragraphs D-A". –
PER C. N. UWA, J.C.A IN THE CASE OF ALI MUSA VS FEDERAL REPUBLIC OF NIGERIA:LER[2019] CA/ YL/195C/17