MOHAMMED A. DANJUMA J.C.A. (Delivering the Leading Judgment) This is an appeal against the ruling of F.N. Kpojime, sitting at the High Court of Benue State, Makurdi Judicial Division where at one Iorver Terver being one of the 3 accused persons standing trial for the offences of conspiracy, rape and armed robbery by his learned counsel had strenuously taken an objection to the admissibility of his extra Judicial Statement sought to be tendered in evidence. The objection was to the effect that the said statement was obtained by force and after torture and inducement and was not therefore voluntarily made. It was also argued that the said statement was in fact recorded by the investigating police officer and the appellant forced by torture and promise to append his signature thereto. The said statement was, however, admitted in evidence as Exhibit '8' after the Trial Judge had ordered and conducted a trial within trial where at witnesses testified for the parties, including the appellan…
TERVER & ORS
V.
STATE
(2013) JELR 35850 (CA)
Court of Appeal 27 Mar 2013 Nigeria
Case
Citing Cases 1
BriefBot Summary
- The appellant, Iorver Terver, was one of three accused persons standing trial at the Benue State High Court on charges of conspiracy, rape, and armed robbery; he objected to the admissibility of his extra-judicial statement (Exhibit '8'),
Case Details
Suit Number:CA/MKD/87C/2012
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria
SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
MOHAMMED A. DANJUMA Justice of The Court of Appeal of Nigeria
Counsel:J. K. Ishember, Esq. For Appellant
E. T. Akura Esq was present on the date of adjournment for hearing, but absent at hearing. For Respondent
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