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EVIDENCE - ADMISSIBILITY OF A CONFESSIONAL STATEMENT:

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Abbey v state (2013) LPELR 43373(CA). 

EVIDENCE - ADMISSIBILITY OF A CONFESSIONAL STATEMENT: Whether a trial judge is entitled to admit a confession in evidence as that which occured during investigation where forgery of the statement is alleged by the accused

"Forgery is mentioned here. From that it is wholly retraction or a denial of the confessional statement by the Appellant. In that kind of situation, the law is that, the question as to whether or not the confession is admissible in evidence does not arise for decision at all. The trial Judge is entitled to admit the confession in evidence as something which had occurred in the course of investigation conducted by the police into the case, and thereafter to decide or find a matter of fact at the conclusion of the case as to whether or not in all circumstances, the accused person did make the statement as alleged by the police.

Source: law pavilion


   
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