The Federal Capital Territory (FCT) High Court in Maitama on Tuesday rejected statements allegedly made by two defendants as tendered by the Police in a case of alleged robbery for lack of proof.
Three defendants, Joel Anthony, Mohammed Ibrahim, and William Nnam, all residents of Gwagwalada, Abuja, were arraigned in 2013 on two-count charge of armed robbery and conspiracy.
Mr Abdulkarim Audu, counsel to Joel Anthony, and Mr Uche Udoku, representing William Nnam, had objected to the admissibility of the statements purported to have been made by the defendants to the police being tendered by the prosecuting counsel Mr Sani Moyi.
Justice Peter Affen ordered for trial-within-trial to ascertain the voluntariness of their statements after the defendants alleged that they were forced by the police to make their statements.
He held that the prosecution had not demonstrated that the statements were made voluntarily by the two defendants.
“The statements are hereby marked tendered, but rejected,” he said.
Affen then adjourned until Oct. 23 for commencement of defence.
The Police had earlier alleged that the defendants, armed with dangerous weapons, robbed one Mr Awogbemu Ade of Kwali of his car and other valuables.
The Prosecuting Counsel, Mr Sani Moyi, said that the incident took place on July 1, 2013 at about 9.00 a.m.
The offences contravened the provisions of Sections 97(1) and 298(c) of the Penal Code.
The defendants had pleaded not guilty to the charges brought against them. (NAN)
– Sept. 25, 2018 @ 14:25 GMT |