Evidence of Pw-3. And thus this court has no choi
pr9 bative va ue to evidence received .
.
ce than to ascribe
. , ~ It i~ settled n line of decided authorities· that C
.
:
~,- , h
.
a ourt can convict based
on t e Con ss1onal Statement .which is direct pos,·t ·
.
:
d
,
ive, unequivocal
an proper! proved . The Conf~ssional Statement of the D f d
b f
th ·
.
.
•
e en ant
e
1s ourt 1s direct, positive and unequivocal. lhe Confession
adrr,1ts all th essential elements of the offence charge . See the cases
of BASSEY S. STATE (2012) 12 NWLR pt 1314 pg. 206. AKPAN VS.
STATE (2001 15 NWLR pt. 1314 pg. 209 at 237.
o:e
The _Defendant's counsel however, in his Written Address has noted
that any con radiction in the Prosecution's case is fatal and argued that
evid_ence of Wl, PW2, PW3 antj PW4 are contradicting on the exact
place the dee ased was stabbed . '.
Pwi stated t at the daughter was! stabbed at the left chest two times. ;
PW2 stated tthat the deceased wa ~ stabbed at the Chest.
PW3 stated hat the deceased lvas stabbed at the right Chest and
I
anterior.
1
PW4 stated t at the deceased was stabbed at the Chest right region.
The PWl evidence is that it was \on left Chest that her daughter was !
stabbed . Thitl contradiction but t ~e law is trite that for a contradiction !
to be fatal it ill cast doubt in t fuI e mind of the Court as it must also
touch on the i,igredients of the ·offence . In the case of THEOPHILUS VS
l
STATE (1996) 1 NWLR pt 423 139. S.C. The court noted that :
I
I
"The point cqnnot be over emppasized that it is not every trifling
inconsistency !I n the Prosecution 0;itness
that is fatal to the case. The
,
contradiction Ior inconsistence must
be substantial and fundamental
I
to the main i~sues in question before the court and thus necessarily
i
create some d()ubt in the mind of the trial Court".
A close examination of the eviden de shows that all the witnesses stated
' the deceased t o have been stabbe d at the CHEST. Even the Defendant
in his Confessional Statement statkd that he stabbed the deceased at
the Chest. Exhibit E, photograph p:icture of the deceased showed that
the stab was at the Chest region .
1
1
SUIT NO. 0/49c/2016: TH E STATE VS CHIBUIKE DURU
Judgment delivered on 19/04/2018
Page
I 21