Finally, learned appellant counsel's submission that the reliance of the two Courts
on exhibit A, appellant's confessional statement inspite of his plea of non-est
factum has occasioned miscarriage of justice cannot be taken seriously. Learned
counsel has conceded to and the record of appeal has disclosed the fact that
exhibit A on being tendered, was admitted in evidence without any objection by
the appellant who was represented by counsel. The test for the admissibility of
any evidence remains its relevance to the issue at hand. See ACB Ltd v. Gwagwada
(1994) 5 NWLR (Pt 342) 25 and Dr Imoro Kubor and Anor V. Hon. Seriake Henry
Dickson & Ors (2012) LPELR-9817 (SC).
In law, it must be accepted, a clear distinction exist between the question
whether a particular evidence is admissible and the question of its probative
value or the weight to be attached to it. The fact that evidence, oral or
documentary, is admissible does not mean that it has any probative value or
weight at all. But once it is found to be of value the Court may rely on the
evidence to arrive at an enduring decision. See Gbafe V. Gbafe (1996) 6 NWLR (pt
455) 417.
At pages 176 - 177 of the record of appeal, the lower Court held in relation to
appellant's plea of non est factum inter-alia as follow:,
"On the issue of the statement, exhibit A, it is the contention of the appellant that
he did not make the statement because learned counsel for him had raised the
defence of non est factum when the statement was being tendered in evidence
Thereafter the statement was admitted in evidence and marked as exhibit A. The
appellant did not say anything in elaboration of his plea of non est factum. In
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