Anambra Court Expunges Confessional Statement Not Video-Recorded, Sentences Man To Death For Kidnapping, Armed Robbery In Onitsha
The Anambra State High Court, Onitsha Judicial Division, presided over by Justice Sylvester Odili, has convicted and sentenced one Kosisochukwu Celestine to death by hanging for kidnapping and armed robbery.
It was gathered that on August 6, 2022, the convict and his gang members attacked one Mr. Chukwudi Collins at gunpoint in Fegge, Onitsha, kidnapped him, threatened his life, and subjected him to severe intimidation and violence.
Under duress, the victim was forced to transfer approximately N6.3 million from his bank account to the criminal gang, who also inflicted bodily injuries on him, dispossessed him of his motor vehicle and other valuables, and held him hostage for about one day before abandoning him.
Following investigations, Kosisochukwu was tracked to Enugu State and later arrested in Onitsha after evading arrest for approximately six months.
During the trial, the prosecution called three witnesses and tendered several exhibits, including bank records showing ransom payments made before the victim’s release, while the defence called two witnesses.
Although the defendant made a detailed confessional statement admitting his involvement, he later retracted it during the trial, arguing that the statement was inadmissible because it did not comply with Section 14 of the Administration of Criminal Justice Law (ACJL) of Anambra State, 2022, which requires the video recording of confessional statements.
Countering the defence’s argument, the prosecution team noted that while a confessional statement is strong evidence, it is not the only means of proving guilt, adding that guilt may be established through direct eyewitness evidence, circumstantial evidence, or confessional statements.
As the court ruled, the confessional statement was expunged after it found that it was not video-recorded as required by the ACJL, 2022, and consequently declined to rely on it.
Notwithstanding the expunction, the court held that the prosecution proved its case beyond reasonable doubt through credible and overwhelming evidence, including eyewitness testimony, bank records, documentary exhibits, and other compelling evidence, and subsequently convicted and sentenced Kosisochukwu to death by hanging.
