My One Penny: When a Trial Court will Rely on Evidence of Co-Accused

By Oseme Peremene Anthony, Esq

“The position of the law is that the statement of the co-accused to the police is different and distinguishable from his evidence in court.

The statement remains his statement and not his evidence, and it is binding on him only… However, where evidence incriminating an accused comes from the co-accused, the court is at liberty to rely on it, provided the co-accused, who gave such incriminating evidence, was tried along with that accused person.” – Nwodo v. State (2018) LPELR-46335(SC) per Augie, JSC (Pp.17-18, Paras.E-E).