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AUGUSTINE IBEME V. THE STATE

(2013) JELR 35713 (SC)

Supreme Court  •  SC.157/2010  •  22 Feb 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELLCHUKWUMA-ENEH JSC; BODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC;

Appearances
D. I. Oguadinma with Moses John For Appellant E. G. Pwajok, Attorney Central of Plateau state with G. D. Fwonyon DDPP, Plateau State Ministry of Justice. For Respondent

Judgement
<p><strong>CHRISTOPHER CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment):</strong> In this appeal the appellant along with 2 (two) others have been arraigned on a three-count charge of conspiracy, forgery and attempting to cheat before the trial High Court. The prosecution at the trial has sought to tender me appellant&#x27;s confessional statements through the investigating police officer (I.P.O.). The appellant through his counsel has objected to the admissibility of the statements alleging that the statements are not voluntary as they have been obtained by use of force exerted by the witness (i.e. I.P.O.) on the appellant. A trial within trial therefore has to be conducted to determine the admissibility of the confessional statements in a word as regards their voluntariness. The prosecution has called three (3) witnesses to close its case. The appellant excluding himself called two witnesses to testify for the defence and has tendered one exhibit, for the defence to close its case. The trial court in ov…</p>

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