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SURAJU OLANREWAJU v. THE STATE

(2020) JELR 87114 (SC)

Supreme Court  •  SC.335/2016  •  13 Mar 2020  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC CHIMA CENTUS NWEZE JSC AMINA ADAMU AUGIE JSC EJEMBI EKO JSC PAUL ADAMU GALUMJE JSC

Judgement

PAUL ADAMU GALUMJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein along with one Lekan Olatayo were arraigned before the High Court of Osun State of Nigeria on a two count charge of conspiracy to commit murder and murder of Bilikisu Adeyemi contrary to Sections 324 and 319(1) of the Criminal Code, Cap 34 volume 11, Laws of Osun State 2003. When the charge was read and explained to them, they pleaded not guilty. In order to establish its case, the prosecution called three witnesses and tendered in evidence the statements of the accused persons which were confessional in nature. The two accused persons through their counsel objected to the admissibility of the statements on the ground that they were not voluntarily obtained. A trial within trial was conducted after which the learned trial Judge admitted the statements in evidence and marked them exhibits P1 and P2.

At the end of the trial and in a reserved and considered judgment delivered on the 13th January, 2014 the t…

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