Consequently, the trial judge, Justice Ahmed Mohammed, of a Federal High Court, ordered a trial within trial as was requested by their counsel.
The accused persons, Ogwuche, Ahmed Abubakar, Mohammed Ishaq, Yaâu Saidu (alias Kofar Rama); Anas Isa, Adamu Yusuf and Nasir Abubakar are facing charges bordering on terrorism.
At the resumed hearing of the matter yesterday, the prosecuting counsel, Mohammed Diri, sought to tender the statements of the accused persons through the first prosecuting witness, but was objected to by counsel to the accused persons, led by Mr. Ahmed Raji (SAN).post by expdonaloaded.blogspot.com..Raji, in his submission told the court that the statement of the first accused person, Ogwuche, showed that he was beaten and severely tortured before his statement was obtained, adding that the statement was not voluntarily given and hence, should not be admitted as evidence by the court.
In the same vein, counsel to the second accused person, Abdul Mohammed, urged the court not to admit the statement of his client as it was obtained under severe torture.
Mohammed then prayed the court to conduct trial-with-in trial to ascertain the voluntariness of the statements of the accused persons, which the prosecution sought to tender.
Counsel to other accused persons aligned themselves with the submissions of Raji and Mohammed, praying the court to order trial with-in-trial in the matter.
Responding, the prosecuting counsel, Diri, urged Justice Mohammed to dis-countenance the submissions of the defence counsel, adding that the statements of all the accused persons were voluntarily obtained, contrary to the submissions of their defence counsel.
Justice Mohammed adjourned till June 2 and 3 to commence the trial-with-in trial in the matter to ascertain the voluntariness of the confessional statements of the accused persons.
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