court to justify the tendering of the statement through him and therefore
hears any.
- Sections 37 and 126 of the Evidence Act 2011
- Sections 49 and 50 of the Evidence Act 2011
- Umoren V. The Queen {1963} NSCC 293
As to causing grievous hurt, defence counsel submitted that PW2
although PW2 testified to the fact that he was attacked by the
defendants, he did not mention the name of the defendants or identify
which of them attacked him neither was a medical report tendered to
show the extent of the injury sustained by the witness. He therefore
urge the court to hold that the prosecution has failed to prove the
offence.
Defence counsel submitted that as to the offence of conspiracy, there is
no evidence of the meeting of the minds of the defendants to commit
any crime which was led before this court by the prosecution and urge
the court to so hold.
Defence counsel finally submitted that by the evidence of the
prosecution, the prosecution has failed to prove the offences alleged
against the defendants and urge the court to discharge and acquit the
defendants of the three {3} offences.
In his response, the prosecuting counsel that the offence of conspiracy
has been proved by the prosecution through the evidence of PWs 1, 2
and 3 as well as exhibits ‘A’, ‘A1’, ‘B’, ‘B1’, ‘C’, ‘C1’, ‘D’ and ‘D1’.
He submitted that PW2 in his evidence has informed this court how the
3 defendants stopped them and requested him to convey them to
Kantin Daji Area as well as how they used iron rods and hit him on the
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