PW3, Supt. Rakiya Gimba in her testimony pursuant to a
subpoena served on her tendered exhibit 7, the Certificate of
Occupancy bearing the name of Lamar Abba Gana Gadzama and
the picture on exhibit 7 is that of the Defendant. And under cross
examination by the Defendant, PW3 testified as follows: “Exhibit 7 was retrieved from Mr. Godwin
Uchechukwu but now late. I can’t recalled the date
I retrieved it. It is correct we investigated the case
thoroughly before we now retrieved the Certificate
of Occupancy, exhibit 7 from late Godwin
Uchechukwu.”
The evidence of prosecution witnesses nos. 1, 2, 3, 4, 5, 6 and 7
and exhibits 2 with attached documents marked X and Xi, A – A5,
B – B5, and exhibit 8 with the same attached documents; also
documents attached to exhibit 2 and marked D3, D5, D8, D9,
D11, D14 – D17, all lend credence to the evidence of PW5 and
confirmed exhibit 1 which are in tandem with the act of making a
false document or altering a genuine one for same to be used.
PW7, the wife of Lamar Abba Gana when shown exhibit 7 and the
passport photograph on it testified that the passport photograph
on exhibit 7 is not that of her husband. And the learned
prosecuting Counsel at page 12 paragraphs 3 and 4 of her final
written address urged me to take judicial notice of the passport
photograph on exhibit 7 and the document marked XI to be that
of the Defendant standing trial before this Honourable Court in
this case. She further urged me to take judicial notice of the
signature of the proof of evidence accompanying the charge
dated 31st May, 2011 which was signed by the Defendant along
with the signatures on the document marked X and XI, the
specimen signature marked A – A5, the Defendant’s written
statements exhibits 6, 6(a) and 6(b) wherein the Defendant
signed these documents.
The learned prosecuting Counsel also urged me to take judicial
notice of the specimen signatures marked B – B5 and the
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