the defendant that carried out the robbery and he readily agreed . This became
(_·lc;ircr \\'hen he could not even tell this cou,·t or even the police the tyre 01· cloth the
defendant was wearing. I know very well that the incident Look place in 20 IO and
the pw:2 testified in 2016 . He may have forgotten about that detail. The same thing
could not be said about his extra _judicial statement to the police which he made
barely one hour after the robbery incident.
It is imperative for me to digress a bit to observe that there were discrepancies
arising from omissions and additions in the extra judicial statements written rip long
hand and the typed ones which formed part of the information . It appeared to me
that the typed copies annexed to the proof of evidence _were edited . So many
material facts ,vere left out. I do not think that this is correct in view of section 36(6)
of the constitution of Feder:::il Republic of Nigeria l 999 .
lt is my view that al] the documents particularly extra judicial statements which
consist of or form part of proofs of evidence as stated in section 146 of
Administration of Criminal Justice Law (ACJL), 20 l O must not be varied or edited
or facts added to or removed from the original copies. They must be reproduced
verbatim the way they were made by the defendant or the witnesses in the proof of
evidence and be served accordingly .
This must be so for section 36(6) of the 1999 constitution to be meaningful.
Now back to the case in hand . The account given by the pw I and pw2 in their extra
judicial statements to the police and their svvorn testimonies in this court suffer the
s~1111e contradictions with regard ro hmv they were able to recognize the defendant's
identity . l have reproduced above pw l ·s testimony earlier in this _judgment. I need
not do scimc here again. Her original hand written extra _judicial statement was not
tendered in court. Let me reproduce the essential part of her typed statement which
was annexed to the proof of evidence.
·J am a sales girl (sic) at CAPAD filling station. l am a pump attendant (sic)
in the filling station. To day being 5th May 2·0 l O at about 07.20 am ,vhile I
was in the filling station, two boys came with a yellow carter motorcycle and
ask me to put them (sic) three liters of fuel. I put them (sic) the three liters as
demanded from the boys (sic) but they refused to give me money and start
(sic) their motorcycle to move. Then I went and asked (sic) the one sit(sic)at
LIH~ back that they have not pay me he brought one short gun and show it (sic)
to me and at the same time ask (sic) me to line (sic) down . I don ' t were (sic)
they come (sic) from but I can identifying (sic) them if seen (sic). The one
cirrestecl and brought to your station is (sic) the one riding the okacla (sic) at
the lime they came to our filling station and nsk (sic) me to line down (sic)
with gun rnin1ing JI me before one man also wJs entering (sic) the sU1tion
saw them and told one hus driver (al) about (sic )entering too. that those boys
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