Lastly, even though no objection was raised against the admissibility of exhibit A,
appellant's extra judicial confessional statement, it is further argued, appellant's
challenge that the statement was not recorded in a language he understands and
that he did not sign the said statement makes the statement suspect and
unreliable. Concluding on the 1st issue, learned counsel submits that by Section
209(1) & (3) of the Evidence Act CAP E 14 LFN 2011, the unsworn evidence of
PW1, a child, requires corroboration. The lower Court is wrong to have affirmed
the decision of the trial Court in breach of this statutory requirement. Relying
inter alia on Jegede V. The State 14 NWLR (Pt 733) 264, Abogede v. The State
(1996) 5 NWLR (Pt 448) 270 9 SC 1, Asanya v. State (1991) 22 NSCC (Pt. 1) 412 at
421 and Owei v. The State (1985) 4 SC 7 at 27, learned appellant's counsel urges
that the issue be resolved against the respondent and the decisions of the two
Courts below based on the faulty evidence be set-aside.
On the issue, learned respondent's counsel submits that learned appellant's
counsel is unable to know the difference between inconsistency and contradiction
in the evidence of the prosecution's witnesses. The inconsistency rule, it is
contended, relates to the evidence of a witness in Court which contradicts or is
inconsistent with the previous statement of the witness whether sworn or
unsworn. None of the previous Statements of the three prosecution witnesses,
learned respondent's counsel submits, is inconsistent with their testimony at trial.
Besides, it is submitted, as a fresh issue raised without leave of the Court, the
issue of inconsistency and or contradiction, being incompetent, it is urged, be
discountenanced.
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