ABOLORE ISIAKA V. THE STATE

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State Holden at Ilorin Division and presided over by Hon. Justice M.A. Folayan, which judgment sentenced the appellant to Ten years imprisonment and a fine of N50,000.00. The appellant was arraigned on a one count charge of belonging to, engaging in and associating with secret cult within and outside institution of learning in the state contrary to Section 11 of the Secret Cult and Secret Societies in Educational Institution (Prohibition) Law 2004 of Kwara State.

When the charge was read to the appellant he pleaded not guilty. In proof of their case the prosecutor called three witnesses and tendered six exhibits, this include exhibit 5, (the appellant's extra judicial statements made to the police in the course of the investigation).

The facts of the case are stated in the judgment of the lower court. At the close of the case of the prosecution, the learned …