(2022) JELR 109167 (CA)    
Court of Appeal  ·  CA/ABJ/CR/473/2021 ·  13 Jan 2022 ·  Nigeria
Fatima Omoro Akinbami, JCA Abubakar Mahmud Talba, JCA Peter Oyinkenimiemi Affen, JCA
Core Terms Beta
lower court
notice of appeal
trial court
respondent's notice
court of appeal act
extra-judicial statements
2nd defendant
extension of time
honourable court
respondent's extra-judicial statements
accused person
confessional statement
court of appeal
trial proceedings
appellant's brief
criminal trial
kolawole j.
respondent's contention
respondent's objection
date of determination of the application
interlocutory decision
prosecution witnesses
reassignment of the case
ruling of the lower court
support of the respondent
above provision
admissibility of the extra-judicial statements
admissibility vel non
alleged denial of legal representation
appellant's initial application
appellant's reply brief
competence of this appeal
competence of this interlocutory appeal
date jusun strike
federal high court
hearing of the appeal
jurisdiction of this court
leave of the trial court
proper case grant leave
respect of the extra-judicial statements
respondent's brief
said application
separate evidence
voluntariness of each statement

PETER OYINKENIMIEMI AFFEN, J.C.A. (Delivering the Leading Judgment):


​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…

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