and voluntary is enough to ground or sustain a conviction. See MOHAMMED VS THE STATE (2007) 11
NWLR (PT. 1045 303; OKOH VS THE STATE (2014) 2 ??? 3 SC 184.
In Exhibit A, the Appellant stated inter alia :
"I could remember on 30/04/2012 at about 12:00hurs. I was rearing cows at Damukash near to our
village I saw three girls coming from irrigation farm I blocked them two of the girls run away and they
left one standing I hold her and lay her down and have sexual intercourse with her. After I finish having
sexual intercourse with her, IÂ stood up and when (sic)
24
to rearing of my cow. I came back home in the evening, my father told me that they are looking for me
at our village head house from there we came to the Bamaina Police Station and we later come to
Dutse. As a matter of fact by the time I make use of the girl, I draw the zip of my trouser I did not
remove my trouser I then bring out my penis and put it into her private part and had sexual intercourse
with her. I did not released (sic) my sperm. I left her and go away this all what happen."Â
From the above stated facts in Exhibit A there can be no doubt that Exhibit A amply corroborates the
evidence of PW1 and PW3 and support not only the 1st ingredient that the Appellant had sexual
intercourse with the victim but also the 4th ingredient, that he had the mens rea to commit the offence.
The Appellant has however resiled from this statement in his evidence in Court. That notwithstanding, a
denial or retraction of a confessional statement does not affect it???s admissibility. SeeSULE VS THE
STATE (2009) LPELR ??? 3125 (SC); OSENI VS THE STATE (SUPRA). However, the Courts have enjoined, as
decided inR VS SYKES (1913) 8 CAR 233, on trial Courts, to look for
25
some other evidence no matter how slight outside the confession which will vindicate its veracity;
whether it is corroborated in any way; whether its contents are true; whether the accused had the
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