MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): This appeal involves the question or determination of whether a court of law can convict an accused person based solely on his retracted confessional statement without any independent evidence outside the confessional statement.
The respondents herein, who were the accused persons before the trial court charged with the offences of armed robbery contrary to Section 1 of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federal Republic of Nigeria 1990. The appellant in proof of the charges called two witnesses and tendered seven exhibits, which include the respondents’ confessional statements i.e Exhibits, 1, 1A, 2, 2A and 5.
The two witnesses called by the appellant were Investigating Police officers (IPO). PW1 is one CPL. Aminu Hamza, who gave evidence of how the file was transferred from D.P.O Anchau Division with three accused persons, and locally made pistol with two red riffle cartridges. He took the…