taking into consideration the totality of evidence
adduced before the court.”
2. “Whether this Honourable Court can safely rely on
the extra judicial statement of the 3rd defendant to
convict him.”
For the purpose of this judgment, this court has decided to
adopt the sole issue as formulated by the counsel to the 1st
and 2nd defendants in hybrid with the sole issue as formulated
by the counsel to the 3rd defendant because the issues when
paraphrased, will be more comprehensive and directly related
to the three {3} counts charges against the defendants. When
the issue is considered as formulated by this court, it will no
doubt take care of the issues generated by all the counsel.
That is:“Whether considering the totality of the evidence led
before this Honourable Court prosecution has proved its
case beyond reasonable doubt against all the three {3}
defendants in respect of the offences with which they
were arraigned.”
The case of the prosecution against the defendants, is as
presented by the evidence of the five {5} prosecution
witnesses and the exhibits tendered and admitted before this
court, and is as follows:PW1:
{After affirmation}: My name is Insp. Abdul Umar. I work at
State CID Sokoto. I am an inspector with AP NO. 187734. I
have been working there for about 12 years and some months
as an exhibit keeper. My primary work is to accept and
register any item (s) brought by our police investigation
officers for safe custody. I know the defendants. I come to
5