Counsel argued further that each of the Prosecution witnesses gave
unequivocal accounts of how they came to know the Appellant and there
is no need for an identification parade since the Appellant was well known
to PW2 and PW5. He cited Archibong v. State (2008) Vol 6 Law Reports
of Courts of Nigeria Criminal Case 306 at 326. Respondent's counsel
submitted that there was no need for an identification parade since the
PW1 recognised the Appellant on sight at the Police Station.
Resolution
Let us examine the nature of identification parade and when it is deemed
necessary. An identification parade is the process by which an accused
person is identified out of a number of people with identical features as the
accused person, by a witness. It was defined in Alabi v. State (1993) 7
NWLR (Pt.307) Pg. 511 at 527 per Onu, J.S.C as follows:
"Identification parade means a group of persons of identical size and
common physical features assembled by the police from whom a witness
identifies a suspect or suspects unaided and untutored."
Needless to say, the identity of an accused person must be established by
credible evidence beyond reasonable doubt in accordance with Section
135 (1) of the Evidence Act .
It is well settled that it is not in all criminal matters that identification
parade is necessary. There are certain circumstances where identification
parade would not only be needless, but would be a complete waste of time.
However, there are also circumstances where conducting an identification
parade is essential to the prosecution's case. There are several judicial
authorities on this point. In Aliyu v. State (2007) ALL FWLR Pt. 388 Pg.
1123 at Pg. 1147, this Court per Ariwoola JCA (as he then was) held as
follows:
"An identification parade is not sine qua non to a conviction for a crime
alleged, it is essential in the following instances - a. where the victim did
not know the accused before and his first acquaintance with him was
during the commission of the offence.
b.
where the victim or witness was confronted by the offender for a
very short time.
c.
where the victim due to time and circumstance might not have had
full opportunity of observing the features of the accused. See R v.