CaseLaw
There was an Armed Robbery incident on the Bukuru, Kaduna Road, on the 16th of April, 2001. The Police arrested the appellant and Bright Chibuike, and detained them as suspects at the Birintin Gwari Police Station Bukuru. The appellant made a statement at the Bukuru Police Station, but this statement was not produced in Court at trial, thereafter, the appellant and Bright Chibuike were taken to the State C.I.D Kaduna. There, the appellant made a statement; Exhibit I, which according to the prosecution was a confessional statement. The appellant denied making and signing Exhibit 1. Three alleged victims of the Armed Robbery made statements, to the Police, but their statements were not tendered at trial and they never came to Court to give evidence. Notwithstanding the paucity of evidence, the learned trial Judge found as a fact that, Exhibit 1 is a confessional statement and convicted the appellant on both counts, to five years on count one and death by hanging on count two. Bright Chibuike was similarly convicted. Two witnesses, Policemen attached to the Kaduna Police Station gave evidence for the prosecution.
Their evidence had to do with recording the statements of the accused persons and visiting the scene of crime. Dissatisfied with their convictions, the appellant and Bright Chibuike brought an appeal before the Court of Appeal Kaduna (hereinafter referred to as the Court below) and that Court in a unanimous judgment delivered on the 29th day of June, 2010, dismissed the appeal. The appellant alone has come before this Court on a further appeal.
TWhether the confessional statement of the appellant to the Police (Exhibit 1) was properly admitted in evidence and utilized for...