The Respondent pleaded not guilty to the counts and the case proceeded to trial. In the course of the trial, the Respondent retracted his confessional statement and the court went into a mini- trial.
The learned trial judge conducted the mini-trial alongside the main trial and at the end of the mini trial, the judge admitted the Respondent’s confessional statement despite he and his co-accused alleged that the statement was obtained under duress.
At the conclusion of the trial, the learned trial judge in a considered judgement, found the accused persons guilty as charged, convicted and sentenced them to death.
Dissatisfied with the trial court’s judgement, the Respondent filed an appeal before the Court of Appeal, Kaduna Division, which quashed the conviction and sentence passed by the trial court and consequently discharged and acquitted the Appellant. This appeal is against the decision of the lower court.