Before Their Lordships
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
MUSA DATTIJO MOHAMMAD Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKAAHS Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
Between
FEDERAL REPUBLIC OF NIGERIA –Appellant
AND
BABALOLA BORISADE- Respondent
…………………….A…………………….
CHIMA CENTUS NWEZE, J.S.C. (Delivering The Leading Judgment): Way back in November, 2009, the respondent in this appeal and four others, [as accused persons], were arraigned before the High court of the Federal Capital Territory, Abuja. precisely, by an Amended Charge of fifteen counts, dated and filed on November 19, 2009, they were alleged to have committed various offences under the penal code and the Independent Corrupt Practices and Other Related Offences Act, 2000 [ICPC Act, for short].
Sequel to their due arraignment, trial commenced before High Court Number 12 (hereinafter, referred to as “trial Court”). It would appear that there were no procedural hitches when the first nine witnesses were examined in chief; duly, cross examined and discharged, accordingly. However, the prosecution’s attempt to tender the extra judicial statement of the third accused person [I. A. Dairo] was, stoutly, resisted by his counsel and, indeed, counsel for the other accused persons.
PW10 was one Reuben Omosigbo, the principal Investigating Officer. The prosecution sought to tender the said third accused person, T. A. Dairo’s statement of July 25, 2008, through him. His counsel, and counsel for the other accused persons, greeted this attempt with firm disapprobation. They predicated their objection on the ground of the involuntariness of the said statement. On his part, counsel for the third accused person hinged his agitation on the fact that the said statement was elicited from a question and answer session and on its involuntary origin. In the circumstance, the trial court was constrained to order a trial-within-trial or mini trial (otherwise, known as voire dire).
At the mini trial, the prosecution’s witness [who obtained the said statement] testified and was cross examined. The third accused person before the trial court testified and was cross examined. The trial court found in favour of the voluntariness of the said statement, partly, anchoring its reasoning on its observation of the demeanour of the said third accused person and the prosecution’s sole witness at the said mini trial. Consequently, it admitted the statement as exhibit AX. Aggrieved by the said court’s ruling, the respondent lodged an appeal at the Abuja Division of the Court of Appeal (henceforth, referred to as “the Lower Court.” In its judgment dated April 25, 2012, the Lower Court allowed the appeal. It proceeded to expunge the said exhibit AX from the records. This appeal is the prosecution’s expression of dissatisfaction against the judgment of the Lower Court.
