- Kanu V. AG Imo State (2019) 10 NWLR Pt 1680 P
369 at 389.
It was further contended by the defence counsel that the
failure of the prosecution to tender in evidence the rope
alleged to have been used intieding the victim’s hands, Blue
Star Hotel room key and receipts of the purchase of the
motorcycle said to have successfully taken away from the
victim, amounts to withholding of evidence.
- Section 167 (1) of the Evidence Act, 2011.
- George V. State (2009) 1 NWLR Pt 1122 P 345.
- Bakare V. Ogundipe (2020) LPELR 49571.
At paragraph 3.31 of their adopted written address, it was
contended by the defence counsel that the prosecution failed
woefully to tender any credible evidence to prove defendant’s
authorship of the extra-judicial statement tendered and
admitted before this court. He argued that the statement
should be discountenanced as it was obtained out of torture.
- Ogudo V. State (2011) 18 NWLR Pt 1278 P 1.
- Barmo V. The State (1999) 1 NWLR Pt 641 P 1.
As to the offence of Conspiracy, defence counsel submitted
that there is no evidence before this court showing that the
defendant conspired with anyone nor plan with other persons
who are not before the court or any verifiable evidence
pointing in that direction.
Counsel further submitted that as to the offence of robbery,
there was nothing before the court tendered by the
prosecution witnesses to show or prove that there was a
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