Akwa Ibom State High Court sitting in Uyo has over-ruled the objection to the admissibility of the statement of Uduak Frank Akpan, in which he allegedly confessed to the DSS, that he murdered Iniubong Umoren, a graduate of the University of Uyo whose life was taken in Uruan while on a job hunt last year.
The Court presided over by Hon. Justice Bassey Nkanang admitted the statement in evidence, and marked it as an exhibit.
Justice Nkanang ruled that “a confessional statement does not become inadmissible, if and where the accused person that made it, denies ever making the statement or retracts the confession on oath”
He said “one significant piece of evidence that stood out was Uduak Frank Akpan’s categorical assertion that the statement was not his own and he did not write meaning he had denied the entire statement.”
Consequently, the Court over-ruled the objection to the admissibility of the statement accused person made 10th of June, 2021 at the Department of State Services Office, Uyo.
It could be recalled that on 15th of this month, when the statement was sought to be tendered as an exhibit, Counsel to the accused person, Barr. Sampson Adula, raised an objection, alleging that the statement was not obtained voluntarily.
Following the objection, a trial within trial was conducted in consonance with the provisions of Section 29 of the Evidence Act, 2011.
In his evidence, a DSS Call Data Analyst and 10th prosecution witness, Ama Okeke told the Court that Uduak Frank Akpan made his confessional statement voluntarily in the DSS standard interview room for suspects.
And to buttress the fact, he tendered a video of the interview session as an exhibit which was admitted by the Court as an exhibit.
Mr. Okeke said after making the statement, the accused was asked to read over by himself, after which, he signed the statement, while the DSS operative counter-signed it.
The case is adjourned to 16th of March, 2022 for defense.
© Harrison Essien
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