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CaseLaw

Ibeme Vs. State (2013) CLR 3(d) (SC)

Judgement delivered on February 22nd 2013

Brief

  • Conspiracy
  • Forgery
  • Attempt to cheat
  • Trial within a trial
  • Confessional statement

Facts

In this appeal the appellant along with 2 (two) others have been arraigned on a three-count charge of conspiracy, forgery and attempting to cheat before the trial High Court. The prosecution at the trial has sought to tender the appellant's confessional statements through the investigating police officer (I.P.O.). The appellant through his counsel has objected to the admissibility of the statements alleging that the statements are not voluntary as they have been obtained by use of force exerted by the witness (i.e. I. P.O.) on the appellant. A trial within trial therefore has to be conducted to determine the admissibility of the confessional statements in a word as regards their voluntariness. The prosecution has called three (3) witnesses to close its case. The appellant excluding himself called two witnesses to testify for the defence and has tendered one exhibit, for the defence to close its case.

The trial court in overruling the objection has held as follows:

  • "...The accused persons have merely retracted the statements and this being the case the statements are admissible in evidence - Nwabuonu vs. The State (supra) 299. And has proceeded to admit the appellant's statements marked as Exhibits H1 and H2."

Issues

  • 1
    Whether the lower court was right in affirming the decision of the trial...
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