Akwa Ibom State High Court sitting in Uyo, has admitted in evidence the confessional statement of Uduak Frank Akpan that he murdered Iniubong Umoren, a graduate of the University of Uyo, whom he lured to his house in Uruan for a fake job interview on 30th April, this year.
Delivering a ruling on the trial within trial proceedings, the presiding judge, Justice Bassey Nkanang dismissed the allegation by Uduak Frank Akpan that he confessed to the Police under duress.
Justice Nkanang held that the claim was “clearly a sloppy afterthought and when considered side by side with the totality of the circumstances.”
He maintained that the statement of the accused at the Police Anti-Kidnapping Unit in Ikot Akpan Abia, was freely and voluntarily made and is largely corroborated by the evidence of prosecution witnesses.”
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The Court further held that Uduak Frank Akpan had the opportunity of committing the offense, as there has been no contest whatsoever as to his being elsewhere, aside from the locus criminis, the scene of crime, at the time of the offense.
It could be recalled that the Police Investigating Officer, Inspector Samuel Udo had on 16th of last month, sought to tender the confessional statement made by the accused person, but his Counsel, Sampson Adula objected to its admissibility on grounds of involuntariness.
Arising from the objection, the Court conducted a trial within trial to determine the voluntariness or otherwise of the statement with a view to appraising its suitability as an exhibit.
After the ruling, the case could not continue, due to the absence of the defense counsel, Emms Ekongson, prompting the Court to adjourn the matter
