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

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