THE STATE (1993) 7 N.W.L.R Part 306 at 383 and AYO V. THE STATE (2009) VOL. 8 W.R.N page 134 at
pages 152-153 lines 35-5." Per FASANMI, J.C.A. (P. 18, paras. A-C) (...read in context)
9. CONSTITUTIONAL LAW - RIGHT OF AN ACCUSED TO AN INTERPRETER: Whether an accused has a right
to an interpreter and such right must therefore be claimed at the time of his trial not after
"The law has for long been settled that the Constitutional right granted to an accused to have an
interpreter could not be invoked on appeal by an Appellant who had been represented by Counsel at
the trial as a ground for setting aside a conviction unless he claimed that right at the proper time and
was denied of it. An accused must therefore claim his right to an interpreter at the time of his trial not
after, for the first time an appeal. See ONYIA VS. THE STATE (2008) 36 N.S.C.Q.R page 1090 at 1125 per
I.T Muhammad J.S.C. Appellant was represented by Counsel at the trial Court throughout the
proceedings. It is for the Appellant or his Counsel to take the initiative of bringing this fact to the notice
of the Court at the earliest opportunity or as soon as the situation has arisen. If he does not claim the
right at the proper time, he may not be able to have a valid complaint afterwards for example an appeal.
See DURWODE V. THE STATE (2000) 12 S.C Part 1 page 1 at 18 lines 10-20." Per FASANMI, J.C.A. (Pp. 2526, paras. G-D) (...read in context)
10. CRIMINAL LAW AND PROCEDURE - TRUTH AND VOLUNTARINESS OF AN ACCUSED PERSON: What
must be considered by the court in determining the truth or voluntariness of an accused person
"To determine the truth or voluntariness of an accused person, the Court would have to consider the
following: (1) Is there anything outside the confession to show that it is true? P.w1 Dr. Adeneken who
performed the postmortem examination stated that he found an entry point of a gunshot on the right
side of the abdomen of the deceased. When he opened up the abdomen, he recovered a few pellets and
he concluded that the cause of death was as a result of gun shot wound. See page 13 lines 11-15 of the
record. (2) Is it corroborated? The statement made by the deceased to her father in law (P.W2) that the
Appellant had shot her which is admissible under Section 7 of the Evidence Act as to how the deceased
got the injury found on her has corroborated the confessional statement i.e. Exhibit B. See page 14 lines
6-7 of the record. (3) Are the relevant statements made in it of facts true as far as they can be tested?
The fact of the appellant quarrelling with the deceased in the said statement Exhibit B was also
corroborated or confirmed by P.w3 in his evidence that the Appellant and the deceased were quarrelling