See page 15 lines 10-12 of the record. The Police could not have manufactured the facts contained in
Exhibit B. (4) Whether the Appellant had the opportunity of committing the crime. The Appellant's alibi
was raised for the first time in court when he was giving evidence and P.w3 in his evidence stated at
page 15 lines 14-15 thus "On that date myself, my junior brother Olaolu, the accused and late Fausat
were the people at home". The statement had fixed the Appellant at the scene of crime. The Appellant
said he escaped after firing in Exhibit B. See page 9 line 17. (5) Is his confession possible? It is possible for
young couple to quarrel over feeding allowance of their child when faced with financial problem see
Exhibit B. (6) Is it consistent with other facts, which have been ascertained and have been proved? It is
consistent with the evidence of P.W1, P.W2 and P.W3 on the record of proceedings." Per FASANMI,
J.C.A. (Pp. 18-19, paras. C-F) (...read in context)
11. CRIMINAL LAW AND PROCEDURE - VOLUNTARINESS OF A CONFESSIONAL STATEMENT: When is the
appropriate stage to raise an objection to a confessional statement
"On the issue of the voluntariness of the confessional statement i.e. exhibit B Appellant's Counsel did
not object at the stage of tendering the statement. The appropriate stage to raise an objection to a
confessional statement is when it is about to be tendered in evidence especially where the accused
person is represented by Counsel and it is assumed that he ought to know what to do at each stage of
proceeding. The retraction was made when the Appellant was testifying at the trial Court. Any belated
denial of the voluntariness of a confessional statement or its retraction is a mere after thought. See:
NWACHUKWU V. STATE (2004) 17 N.W.L.R Part 902 at 262; USUANG V. STATE (2009) 1 ALL F.W.L.R pg
1203 paras C-D " Per FASANMI, J.C.A. (P. 20, paras. C-G) (...read in context)
MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of
Ogun State High Court of Justice Holden at Abeokuta in Abeokuta Judicial Division which was delivered
on the 17th of July 2003.
The Appellant was charged at the trial Court with the murder of his wife Fausat Sunday at Owode Egba
on 29th September, 1999. The Appellant shot the wife with a gun during a quarrel which resulted from
the wife's demand for money with which to feed their child. The case proceeded to trial and after
concluding evidence on both sides and sequel to taking the final addresses, the trial Judge convicted the
Appellant of the offence of murder and consequently sentenced him to death. Dissatisfied with the