FEDERAL REPUBLIC OF NIGERIA V T. A. DAIRO

Issue:

Way back in November, 2009, the respondents in this appeal, were arraigned before the High Court of the Federal Capital Territory, Abuja. Precisely, by an Amended Charge of fifteen counts, dated and filed on November 19, 2009, they were alleged to have committed various offences under the Penal Code and the Independent Corrupt Practices and Other Related Offences Act, 2000 [ICPC Act, for short]. Sequel to their due arraignment, trial commenced before High Court Number 12 It would appear that there were no procedural hitches when the first nine witnesses were examined in chief; duly, cross examined and discharged, accordingly. However, the prosecution's attempt to tender the extra judicial statement of the first respondent was, stoutly, resisted by counsel for all the accused persons. At the mini trial, the prosecution's witness [who obtained the said statement] testified and was cross examined. The first respondent herein [the third accused person before the trial court] testified and was cross examined. The trial court found in favour of the voluntariness of the said statement, partly, anchoring its reasoning on its observation of the demeanour of the first respondent and the prosecution's sole witness at the said mini trial. Consequently, it admitted the statement as exhibit AX. Aggrieved by the said court's ruling, the said first respondent lodged an appeal at the Abuja Division of the Court of Appeal. In its judgment dated April 25, 2012, the lower court allowed the appeal. It proceeded to expunge the said exhibit AX from the records. This appeal is the prosecution's expression of dissatisfaction against the judgment of the lower court.