NWEZE JSC (Delivering the Lead Judgment): My lords,this appeal turns on a very narrow compass. I shall return to it anon . Before then, however, it would only be proper to trace its forensic trajectory from the court of first instance to this final court. The respondent herein, Ephraim Alozie, was arraigned before the High Court of the Federal Capital Territory, Abuja,for the offences of conspiracy and armed robbery.
In proof of their case, the prosecution called five witnesses, PW1 - PW5. While PW3 was the victim, PW2, a co-accused person, testified in favour of the prosecution. PW1 and PW5were the police officers involved in the investigation of the case. While the PW1 received the report of the robbery incident and recovered certain items from the locus criminis , the Investigating Police Officer, PW5, in his evidence, identified and tendered a confessional statement which the respondent,allegedly, made. The said statement was recorded by Emmanuel
Okoye who was a member of the …