recertification. Further, PW7 testified that the picture on exhibit 7
is not that of her husband.
In conclusion, exhibit 9, the statement of Lamar Abba Gana, was
admitted in evidence through PW7.
After the testimony of PW7, the prosecution closed its case. The
case was then adjourned to the 20th February, 2017 for defence.
However, in view of the prosecution’s letter of 17th February,
2017 seeking for an adjournment, the case was adjourned, to 5th
April, 2017. At the instant of the Defendant, the case was further
adjourned to 25th April, 2017 for defence. On the 25th April, 2017
the case could not proceed for defence. The case was then
adjourned to 27th April, 2017. Then on the 27th April, 2017, the
defence were not ready to open their defence and based on the
reasons given on the 27th April, 2017, the Defendant’s right to
call evidence or testify in this case was foreclosed by the order of
this Court.
The case was subsequently adjourned for address. On the 5th
February, 2018, due to reasons given on records, the right of the
Defendant to file a final written address in this case was equally
foreclosed. The learned prosecuting Counsel, on behalf of the
complainant therefore adopted her final written address.
In the final written address of the learned prosecuting Counsel,
Fatsuma Mohammed Esq distilled a sole issue for determination
as follows:“Whether the prosecution has proved its case
against the Defendant as required by law.”
At page 3 of her final written address, the learned prosecuting
Counsel restate the fundamental principle of criminal trial that
the guilt of the Defendant may be proved by:9