being cross examined . And the failure to tender the statement has
divested the Court the opportunity to compare the said statement
with the testimony of the P.W.3 and so affects the probative val ue
of the testimony pf the P.W.3. It is his contention also '. that th e
PW.3 put to rest any doubt to the credibility of his testimony in that
he gave graphic details of how the gun was pointed at him and he
sought refuge beside a vehicle. Learned counsel for the
prosecution ·then submitted that the procedure adopted by the
defence in its bid to impugn the evidence of the P.W .3 by referring
to the contents .of his statement to cast aspersions on his
testimony in Court is wrong. Relying on the case of ESANGBEDO
VS. STATE (1989) 4 NWLR (PT. 113) 57 he submitted that the
only way to discredit the testimony of a witness by demonstrating
that it is in conflict with his extra judicial statement is to tender the
statement.
1
The learned counsel for the defendant in his cross examination did
not really attack the claim of the P.W.1 that there was a robbery at
the bank where she works . This is not surprising because in such
circumstances the crucial issue is not ordinarily whether or not
there was robbery :and the robbery was an armed robbery. In most
cases, the controversy always rages over whether the defendant
alleged as the actual perpetrator of the offence charged was the
person who was seen committing the offence. This case is
therefore -one of the exceptions in that the learned counsel for the
defendant has challenged the claim of the P.W.3 that the robbery
was an armed robbery. Let me say straight away that the
contention of the Jearned counsel for the prosecution does not
apply in the instant case with reference to the point under
consideration . r say so because the P.W.3 admitted before the
Court that in his statement he stated that he hid in one of the
vehicles in the compound when the robbers came. Having made
the admission, the learned -counsel for the defendant can no
longer tender his statement to contradict him. And of course, that
his admission becomes his viva voce evidence before the Court.
Now, looking at his .evidence from this perspective; is his testimony
that the defendant was standing at the entrance of the bank, and
he pointed the gun at him; he then ran away because he was not
having a gun and hid himself beside a vehicle truth of what
transpired on that day? I don't think so. I say so because when
you relate this evidence to his evidence in chief, the point I am
making will be appr~ciated. The witness had earlier in his evidence
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