Mina Ardo Mudu V. The State (1973)

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B. A. COKER, J.S.C

This appeal must fail. The appellant himself told the whole story of the offence in his statement (Ex. B1) which the learned trial Judge rightly decided voluntarily made by him in Hausa language. The wife (now widow) of the deceased by name Adama Isa was the 2nd prosecution witness at the trial of the appellant. She was sleeping on the same bed with her husband, Malam Buba Hassan (now deceased) when the appellant entered the house at about midnight, and dealt a number of stab wounds on Buba Hassan, who succumbed to the injuries the following afternoon.

The evidence before the learned trial Judge clearly established the identity of the appellant, who himself did not deny being the nocturnal visitor to the house of Buba Hussan for he went more or less immediately thereafter to the Police to report his own activities of the night including the use of his knife.

The learned trial Judge although he was entitled to admit the statement alleged by the Police to have been made by the appellant, without trying the issue of the issue of making of the statement separately, did in fact hold such a trial within the main trial. Before us reliance was placed in the decision R. v. Igwe 5 FSC 15 to attack the procedure which the learned trial Judge had taken, but we are convinced that if the learned trial Judge erred at all, it was on the side of the appellant, since without holding such trial within the time, he was entitled on the evidence of the prosecution to admit the statement and decide at the end of the case the question of the making of the statement.

We think that the learned trial Judge came to the right conclusions on the facts of the case and we dismiss the appeal. The sentence and conviction of the appellant are affirmed.

SC.27/73