In the Appellant's brief settled by John Oguejiofor Esq, six issues were
identified for determination as follows:
1.
Whether exhibit B was forged for the purpose of this case, and if
affirmatively so, whether this Court has power to expunge it from the
evidence in this case.
2.
Whether exhibits C, J and H have valid probative value which the
trial Court could rely on without more to corroborate exhibit B
3.
Whether the entire additional evidence filed on 3/11/2009 by the
Respondent comprising exhibits A, D and E were not forged to bolster the
case of the Respondent against the Appellant.
4.
Whether by the circumstance of this case, there was the need for an
identification parade to have been conducted by police.
5.
Whether there were any material contradictions in the evidence of
the prosecution
6.
Whether the trial Court properly evaluated the evidence before it.
In the Respondent's brief settled by P.N. Ofomo Esq, the six issues
identified by Appellant's counsel were adopted with modifications as
issues for determination thus:
51.
Whether exhibit B was forged for the purpose of this case.
2.
Whether exhibits C, J and H do not have the probative value which
the trial Court accorded to them.
3.
Whether the entire additional evidence filed on 3/11/2009 by the
respondent comprising exhibits A, D, E were forged to bolster the case of
the Respondent against the Appellant.
4.
Whether by the circumstances of this case there was a need for
identification parade to have been conducted by the police.
5.
Whether there were material contradictions in the evidence of
prosecuting witnesses.
6.
Whether the trial Court failed to properly evaluate the evidence
before it which made the prosecution fall to prove her case beyond
reasonable doubt.
After careful perusal of the issues proffered by both parties, I will
crystallise the issues as follows:
1.
Whether Exh B, Exh C, Exh J, Exh H were admissible and credible
in view of material contradictions in the case of the prosecution witnesses.