paragraphs B - F on the functions of an Investigating Po li ce Officer, see also
OLADEJO v STATE (1994} 6 NWLR part 348 page 101. All othe r arguments
made by the learned Appellants ' cou_nsel are as to the reliance of the
prosecution on circumstantial
evidence . It is settled that evidence of
circumstantial evidence is one of the ways of proving a criminal matter, see the
case of OKA v STATE (1975) 9 - 11 SC page 17, see also the case of,I PETER v
THE STATE (1997} LPELR - 2912 (SC) per ONU JSC, OGIDI v THE STATE (2005)
LPELR - 2303 (SC) .
The issue of contradiction as raised in page 11 of the appellants' written
address is not material as to warrant a vitiation of the prosecution ' s case . I
have gone through the cross examination of the prosec·ution witnesses and
there is nothing to show that it was discredited so as to make a court not to
rely on same .
The Appellants are to enter the ir defence as there is enough circumstantial
evidence proferred aga inst them that requires them to enter their defence .
They are hereby ordered to open their defence in both counts immediately.
The Ruling of the learned trial Magistrate i~ hereby upheld .
D.A. ONYEFULU
JUDGE
3/12/2018
APPEARANCES :
ETOMIKE NDIGWE ESQ with E.O . OKPALAOJIEGO ESQ, E.O. UDEANYINYA ESQ
and C.A . ONWUASOEZE ESQ for the Appellants
AKWALI EDMUND ESQ for the Respondent
This is th e Judg~e nt deliv~red by Hon . Jus t;~-~
o.i Ony~f~iu on 3/12/2018
Page 9