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IORVER TERVER & ORS V. THE STATE

(2013) JELR 35850 (CA)

Court of Appeal  •  CA/MKD/87C/2012  •  27 Mar 2013  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MOHAMMED A. DANJUMA JCA;

Appearances
J. K. Ishember, Esq. For Appellant E. T. Akura Esq was present on the date of adjournment for hearing, but absent at hearing. For Respondent

Judgement
<p>MOHAMMED A. DANJUMA J.C.A. (Delivering the Leading Judgment) This is an appeal against the ruling of F.N. Kpojime, sitting at the High Court of Benue State, Makurdi Judicial Division where at one Iorver Terver being one of the 3 accused persons standing trial for the offences of conspiracy, rape and armed robbery by his learned counsel had strenuously taken an objection to the admissibility of his extra Judicial Statement sought to be tendered in evidence. The objection was to the effect that the said statement was obtained by force and after torture and inducement and was not therefore voluntarily made. It was also argued that the said statement was in fact recorded by the investigating police officer and the appellant forced by torture and promise to append his signature thereto. The said statement was, however, admitted in evidence as Exhibit &#x27;8&#x27; after the Trial Judge had ordered and conducted a trial within trial where at witnesses testified for the parties, including the appellan…</p>

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