The Akwa Ibom state High Court administered by Justice Bassey Nkanang has actually overthrown the objection to the admissibility of Uduak Frank Akpan’s statement in which he apparently admitted to a DSS officer that he killed Iniubong Umoren.
The first accused Uduak Frank Akpan and his father, Frank Akpan and sis, Anwan Akpan are standing trial for the murder of Iniubong Umoren, a graduate of Philosophy of the University of Uyo, Akwa Ibom State.
Trial judge, Nkanang, while ruling on the matter, confessed the declaration in proof, and marked it as an exhibition.
It might be remembered that on the 15th of February, when the confessional declaration was sought to be tendered as a display, Counsel to the accused individual, Barr. Sampson Adula, raised an objection, declaring that the declaration was not acquired willingly.
Following the objection, a trial within trial was conducted in consonance with the arrangements of Section 29 of the Evidence Act, 2011.
In his proof, the DSS Call Data Analyst, Ama Okeke informed the Court that Uduak Frank Akpan made his confessional statement voluntarily in the DSS basic interview space for suspects.
And to strengthen the fact, he tendered a video of the interview session as a display.
Mr. Okeke informed the court that after making the declaration, the accused was asked to check out over the declaration himself, after which, he signed the statement, while the DSS personnel counter-signed it.
Justice Bassey Nkanang in his judgment, held that one substantial piece of evidence that stuck out was Uduak Frank Akpan’s categorical assertion that the declaration was not his and he did not compose it, implying he had actually denied the whole statement.
The Court held that a confessional declaration does not become inadmissible, if and where the implicated individual that made it, rejects ever making the statement or pulls back the confession on oath.
The Court overthrew the objection of the admissibility of the declaration of the implicated person made on 10th of June, 2021 at the Department of State Services Office, Uyo.