offence for which the accused is charged. See Patrick Joven and Ors. V. The State
(1973) 5 SC 17.
If an accused person does not object when his confessional statement is being
tendered, the only reasonable conclusion is that it was made voluntarily. See
Bello Shurumo V. the State (2010) 19 NWLR (Pt 1226) 73 wherein it was held that
the failure to object the two confessional statements when they were tendered
and admitted as exhibits was held as conclusive evidence that they were both
made voluntarily. This is more so when a counsel stands by and allows exhibits to
sail smoothly through without any objection.
In the case at hand, the learned counsel sought and obtained the permission of
the trial Court to confer with the appellant, when the prosecution sought to
tender exhibit 'B' evidence. The counsel thereafter did not object to the
admissibility of the confessional statement of his client which was admitted as
Exhibit 'B'. In respect of exhibit 'C' and contrary to exhibit 'B', however, the
counsel simply admitted same in evidence as an Exhibit without making any
reference to his client.
At page 137 of the record, their Lordships of the Lower Court per Belgore, JCA in
his lead judgment therefore had this to say:"I have gone through both Exhibits 'B and 'C' and I found them to be positive,
direct and unequivocal as to the commission of the offence of rape for which the
appellant was charged. I also found the contents of Exhibits 'B' and 'C' to be
consistent with the evidence of Pw1 and Pw2 and Exhibit 'A'. Exhibit 'B' and 'C'
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