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FEMI AYOADE v. THE STATE

(2020) JELR 87189 (SC)

Supreme Court  •  SC.456/2018  •  24 Jan 2020  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC AMINA ADAMU AUGIE JSC PAUL ADAMU GALUMJE JSC UWANI MUSA ABBA AJI JSC

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment):The Appellant, as second Defendant, and two other Defendants were arraigned before the Lagos State High Court on a two-Count Charge of conspiracy to commit robbery and robbery. They were alleged to have used a toy gun to attack and rob a motorcycle rider and his passenger, and dispossessed them of the sum ₦500 and ₦1,500 respectively.

At the trial, the Prosecution called a sole Witness, Friday Ojiemen, a Policeman attached to the Special Anti-Robbery Squad (SARS), lkeja, and he tendered the Statement made by the Appellant to the Police. However, Defence Counsel objected to the admissibility of the said Statement in evidence because "the Defendant denied writing the Statement, the Defendant alleged duress in obtaining the Statement."

In the circumstances, the trial Court conducted a trial-within-trial, and after its Ruling of 20/4/2012 wherein the Appellant's confessional Statement was admitted in evidence as Exhibit P2, it adjo…

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