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In Bassey Akpan A chibong v. The State supra, the Supreme Court
per Dahiru Musdai: 1er JSC cited with approval the contribu~ion of
Kairihi-Whyte JSC ii Samuel Adaje v. The State (1979) 6 - 9 SC 18 @
28-29 that
" it is our -lw that unless expressly provided, no particular
number c r· w-itnesses is required for proof of any fact., see
section 1 8 (1) Evidence Act Cap 62 .. . where the defence
desires t,
by the pr
His Lordship conclL
and the PW3 's StatE
the credibility of
witnesses . The pn
investigating Police
it is my view that e'
investigation would
to one side partict
herein, Defendant fL
must therefore agre
call a particular prosecution witness not called
secution, he is perfectly free to do so" .
led that the absence of the evidence of the IPO
nent to the Police die! not .. weaken howsoever,
the evidence a dduced by the prosecution
.; ecution is therefore not bound to call Lhe
)fficer ~1s a witn ess . I-Iowever in the instant case
idence of the independent findings from Police
·1ave undoubt e dly tilted the weight of evidence
arly when contrc1ry to th e evidence of PW3
tly denied there W3S any fight and/or beating. I
· with Defendant's learned Counsel that failure
of the prosecution. t, adduce evidence of Police investigation in this
heinous offence wit
case .
I
which Defendant is char:gecl is fatal to their
Now in the circurnst nces of this case can the Prosecution be said to
have proved beyond ~easonable doubt that Defendant murdered her
brother, the decease l Ph.i lip Meka? The paucity of evidence led in
this case leaves me , 1ith no choice other than to find and hold that
the prosecution did 1ot prove all the ingredients of the offence of
murder, which must .:o -e~ist at the same time therefore I hold that
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