Additionally, both Exhibits A1 and A were tendered in evidence without objection through PW4 who
recorded both Exhibits A1 and A and translated A1 to English language, (Exhibit A). He narrated how he
recorded Exhibit A1 which he read over to the Appellant who signed same after which he also counter
signed, and that after endorsement by the superior Police Office, he translated the statement into
English language, (Exhibit A). Aside from not objecting to its admissibility, no questions were asked in
cross-examination regarding the non-signing of Exhibit A by the Appellant. In other words, the
admissibility of the unsigned Exhibit A was not challenged or made an issue at the trial. Given to the
aforestated facts and circumstances, the dictum in the case of OGUDO VS THE STATE (Supra) that
???after all an unsigned document is worthless???, is distinguishable and inapplicable to this case.
Obviously, the facts in OGUDO???s case (Supra) are not on all fours with the facts of the case at hand. In
addition to the aforestated reasons, in OGUDO???s case (Supra) unlike in the present appeal, there
was no other version of the Appellant???s
21
statement the voluntariness and authenticity of which the Appellant therein admitted from which the
unsigned statement was recorded. The fact that the Appellant herein does not contend that the
contents of Exhibit A are at variance with the contents of Exhibit A1 which he made and signed, nor
challenge the contents of Exhibit A1, further renders the decision in OGUDO???s case (Supra)
inapplicable to this case
Furthermore, as it is with an objection to the voluntariness of a confessional statement, the proper time
and stage to raise the question of non-signing of a confessional statement is at the time it is sought to
be tendered in evidence by the prosecution. This, the Courts have repeatedly stated in a plenitude of
judicial authorities. See MUHAMMAD VS THE STATE (2017) LPELR 42098 (SC); IKEMSON VS THE STATE
(1989) 3 NWLR (PT. 110) 455.
Where an objection is not taken to the admissibility of a confessional statement or where as in the case
at hand, the issue of non-signing of the confessional statement was not raised throughout the trial, on
the authorities, it will be too late on the day to raise the issue on appeal.
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