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EXCEPTION TO THE RULE THAT THE CONFESSIONAL STATEMENT OF A CO-ACCUSED IS NO EVIDENCE AGAINST AN ACCUSED PERSON

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“However, where two accused persons make confessional statements implicating each other, and there are evidence outside their respective confessional statements, the court can convict each accused person based on his own confession. Any reference to the confessional statement of either accused person which, in the first place, are similar with identical features, by the trial judge, will not vitiate the conviction. This, to my mind, is an exception to the general rule. It would be different where one of the accused persons makes a confessional statement while the other denies the offence. See Adeleke v. The State (2013) LPELR – 20971 (Sc), Oyakire v. The State (2006) 12 SCM (Pt. 1) 369 at 380-381.” PER J. I. OKORO, J.S.C, in

OLUFEMI BABATUNDE Vs THE STATE APPEAL NO: SC. 516/2014 https://legalpediaonline.com/olufemi-babatunde-vs-the-state/


   
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