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MOHAMMED ALI-BALOGUN V. FEDERAL REPUBLIC OF NIGERIA

(2010) JELR 33269 (CA)

Court of Appeal  •  CA/A/39/C/2008  •  16 Dec 2010  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; PAUL ADAMU GALINJE JCA; REGINA OBIAGELI NWODO JCA;

Judgement

MOHAMMED LAWAL GARBA. J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the FCT High Court in case No. FCT/HC/CR/1/2003 delivered 24/7/2006, admitting a certified copy of the Appellant's statement in evidence in the trial after conducting a trial within trial. The notice of appeal filed on the 10/12/07 pursuant to an order by the Court on 3/2/07, contains three (3) numbered grounds and one unnumbered omnibus ground from which two issues were formulated in the Appellant's Amended brief of argument filed on 12/10/09 but deemed filed on 27/10/09. The two (2) issues are:-

"1. Whether or not the prosecution proved beyond reasonable doubt that the accused person was not coerced, threatened or induced to write the alleged statement tendered in evidence to make it admissible in law. (Grounds 1 and 2 of the Notice of Appeal).

2. Whether a certified true copy of the alleged confessional statement of the accused person is admissible in law in the circumstances of theā€¦

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