allegedly knew the Appellant well immediately after the offence was
committed. See Isibor v. The State (2002) 4 NWLR Pt. 758 Pg. 741.
The judge must be cautious and carefully examine identification evidence
before acting on it. The parade must meet certain standards to be credible
and acceptable. Where the identification parade is improper, the accused
must be given the benefit of the doubt. See Ojukwu & Ors v. State (2002)
4 NWLR Pt. 756 Pg. 80. None of the best practice parameters for judging
a proper, credible and fair identification parade was utilised in this case.
Counsel to the Respondent had contended that identification parade is not
necessary where on the whole evidence the accused person was positively
identified and where the identification is spontaneous and natural.
The object of an identification parade is to make sure that a witness can
positively and clearly identify the accused person. It is to make sure that
no mistake is made in the identification of an accused person. See Abusu v.
State (1985) 1 NWLR (Pt. 1) 5 Sc where the Supreme Court relied on the
decision in R v. Turnbull (1976) 3 WLR 28 445, as follows:
"Recognition may be more reliable than identification of a stranger; but
when the witness is purporting to recognize someone whom he knows, the
jury should be reminded that mistakes in recognition of close relatives and
friends are sometimes made. All these matters go to the quality of the
identification evidence. If the quality of the evidence is good and remains
good at the close of the accused person's case, the danger of mistaken
identification is lessened but the poorer the quality, the greater the
danger."
On the 4th of May, 2008, the day of the armed robbery incident, PW1
reported the armed robbery incident at Awka Police Station and also made
a statement, but she did not indicate in her statement nor did she inform
the police that she could identify any of the culprits, in fact she stated that
she could not. Apart from PW5 who claimed to know the Appellant before
and pointed him out to PW2 as the criminal they were looking for, after
which PW2 'recognised' the Appellant, no other victim could identify the
Appellant as one of the Armed robbers. The incident took place in the
daytime on 4/5/08, P.W.2 gave her first statement to the police on 15/7/08
over two months after the incident. No attempt was made by the police to