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- EVIDENCE - CONFESSIONAL STATEMENT - Whether an accused can challenge on appeal the voluntariness of his confession which was admitted after a trial within trial
"It is pertinent to note that the ruling on the trial within trial was delivered on 11/2/2014. There is no appeal against that decision. It is too late in the…
- CRIMINAL LAW AND PROCEDURE - Trial within trial - On whom lies the onus of proof in trial within trial - Effect of improper placement of onus in trial within trial
ISIAKU LALLUWA AUTA V. THE STATE (1975-LCER-1009-SC) "There were many irregularities in the conduct of the hearing of "the trial within the trial". In the first place, the onus is…
- EVIDENCE - EVALUATION OF EVIDENCE - Whether evaluation of evidence is the primary duty of the trial Court
"It is the duty of the Trial Court to assess the evidence adduced by the parties. This pragmatic concession is based on the fact that only the Trial Court has…