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THE STATE v. LEKAN ADEKUNLE SOYINKA

(2020) JELR 87094 (CA)

Court of Appeal  •  CA/IB/97C/2017  •  28 Feb 2020  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA HARUNA SIMON TSAMMANI JCA FOLASADE AYODEJI OJO JCA

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the High Court of Ogun State of Nigeria in Charge No - AB/13R/06 - Between: The State v. Lekan Adekunle Soyinka delivered on the 10th day of February, 2016 wherein the Respondent's statement was rejected at the conclusion of trial within trial.

Briefly, the facts of the case are that during the Respondent's trial before the lower Court, at the point of tendering the Respondent's statement made at the Divisional Police Station, Ibara Abeokuta, the Respondent's Counsel objected on the ground of involuntariness and the trial Court conducted a trial within trial. At the close of the Appellant's case for trial within trial, the Respondent's Counsel made a No case submission. Counsel for both parties addressed the Court.

The Court in its Ruling rejected the statement of the Respondent for want of voluntariness.

The Appellant who is dissatisfied with the Ruling of the lower Court…

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