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NWODO JCA (Delivering the Lead Judgment): The appellant was arraigned with four others at the High Court of the Federal Capital Territory, Abuja (hereinafter referred to as the court below) for offences contrary to the Penal Code Act, Cap. 532, Laws of the Federal Republic of Nigeria, 1990.
The appellant had pleaded not guilty to the charge. The prosecution, in prove of the charge, had called several witnesses, when on 9 June 2010, Mr. Reuben Omosigho, the lead investigator for the Economic Financial Crime Commission (known as EFCC) was giving evidence as PW10 when the prosecutor sought to tender an extrajudicial statement obtained from the appellant in the course of investigation. The statement was confessional. The appellant counsel objected to the admissibility of the statement on the grounds that the statement was not obtained voluntarily. The respective learned counsel for the other co-accused also objected to the admissibility of the statement. The learned trial judge at that …