PETER OYINKENIMIEMI AFFEN, J.C.A. (Delivering the Leading Judgment):
Introduction
The Respondent herein [Oserenkhoe Afe] is the 2nd Defendant in a criminal trial at the Federal High Court (Abuja Division) in Charge No. FHC/ABJ/CR/297/2015: Federal Republic of Nigeria v. Stephen Orosanye and 2 Ors. The matter was previously pending before G. A. Kolawole, J. (now JCA) but in the wake of his Lordship's elevation to the Court of Appeal in 2018, it was reassigned to l. E. Ekwo, J. whereupon trial commenced de novo. A trial-within-trial was conducted to ascertain the admissibility vel non of two extra-judicial statements made by him on 24/2/11 and 16/3/11, which statements are confessional in nature. In a considered "RULING ON TRIAL WITHIN TRIAL" delivered on 6/10/20, the statements were rejected and marked accordingly. Intriguingly, Kolawole, J. (now JCA) had earlier adjudged the said extra-judicial statements admissible prior to the reassignment of the case as aforesaid.
The Appellant's i…