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.

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières