recovered from the defendant. I have the duty to consider whether
there is any evidence corroborating the confession which is Exhibit
"C" . By the evidence of the defendant, he denied committing the
offence which is contrary to Exhibit "C". As a result of th is, the
learned counsel for the defendant in his written address attacked
the correctness of the identification of the defendant which he
alleged to be mistaken. In that regard , I have considered the
evidence of the identification of the defendant as adduced by the
P.W.3. The case here is the correctness of the identification of the
defendant by the . P.W.3. I have warned myself of the special
regard for caution and the need to weigh such evidence of
identification of the defendant with other evidence adduced by the
prosec·ution before convicting the defendant in reliance on the
correctness of the identification. It should be borne in mind that
recognition may be more reliable than identification of a stranger;
but even ·when the witness is purporting to recognise someone
whom he knows; the jury should be directed that mistakes in
recognition of close Telatives and friends are sometimes made.
SEE: IKEMSON VS. STATE (1989) 3 NWLR (PT. 110)
455.
NDIDI VS. STATE (2007) 13 NWLR (PT. 1052)
633.
Where the identity of a defendant crops up in a case, the court
must not only warn: itself but must meticulously examine the
evidence proffered to see whether there are any weakness
capable of endangering or rendering worthless any contention that
the prosecution witness had enough time to observe the
defendant. If the quality of the identification evidence is good and
remains good at the close of the defendant's case, the danger of a
mistaken identification is lessened but the poorer the quality the
greater the danger.
SEE: NDIDI VS. STATE (Supra).
This will now take me to examine whether there is any weakness
capable of endangering or rendering worthless the contention that
the defendant was sufficiently observed by the P.W.3 at the scene
of the crime. In order to satisfy the Court that he sufficiently
observed the defendant and will be able to identify him, the P.W.3
testified as follows:15