ERIGA BENSON V. THE STATE

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of the High Court of Justice, Orerokpe, Delta State of Nigeria in Suit No. HOR/18C/2012 BETWEEN: THE STATE AND ERIGA BENSON and 2 ORS delivered on the 22nd day of July, 2015.

Briefly, the facts of the case are that on 20/8/11, one Emosaga Ufuoma (m) lodged a complaint at Orerokpe Police Station that on 19/8/2011, his Peugeot 504 Saloon Car with Registration Number CK 199 EKY, blue in colour, driven by his driver, Osheri, was robbed at gun point by armed robbers from his driver at Ugolo bad spot while going on an errand to Oha town.

On 20/8/2011, the Appellant was arrested by men of the Federal Task Force at Oha Junction and handed over to the police at Orerokpe Police Station.

The Appellant made two statements to the police. In one statement he denied committing the offence for which he was charged and in the second one he confessed to the crime. In the Confessional Statement he mentione…