"whether the trial magistrate erred in law when she upho ld t he
submissions of the defence counsel and disallowed the question
put by the prosecuting counsel to p.W .1 in re -exam inat ion on the
ground that the question was not directed at clearing ambiguity
but rather seeks to reopen the evidence of PWl and to give oral
evidence of the document which is already an exhibit before the
COLI rt?"
The two issues raised by the parties appear to be similar. However, I
would resolve this appeal on the issue formulated by the respondent . ,
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Before I do that, I must emphas ize the point that this appeal was
consolidated with Appeal No A/8CA/2013 - C.O .P. Vs . Cyprian lzuogu .
Despite this, I decided to deliver the ir j udgments separately. They share
the same facts and the same principles of law apply to each of them.
It is a apposite that it is imperative to recall what took place on the
15/3/2013 with respect to exhibits Cl and C2. Let me quote the
excerpts of the proceedings that day. I quote verbatim:
Q:
How many times did you go to Niger Optical to buy drugs?
A.
I went on Saturday 21
5
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I went back on Monday morning the
Niger Optical informed me that the defendant paid no other
money that the treatment they gave me only covered only the
Nl000 the defendant paid, so I was not entitled to any drugs.
5
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