conduct an identification parade in which the Appellant and persons with
similar physical characteristics would stand together and the witnesses
would be called to positively identify the culprit from among them. That is
the minimum standard required to satisfy the best practice in relation to
identification parade. Nothing of the sort was done in this case. P.W.1 had
actually seen the Appellant brought out in handcuffs before she identified
him at the police station.
It is my humble but firm view that the identification of the Appellant by
PW1 and PW2 as one of the armed robbers who dispossessed PW1 and
other victims of her car and other valuables was improper and should have
created reasonable doubt in the mind of the trial judge. It is trite that where
there is doubt in a criminal matter, the doubt should be resolved in favour
of the accused. In Ahmed v. The State (1999) 7 NWLR Pt. 612 Pg. 641 at
Pg. 673, the Supreme Court held as follows:
"It is a cardinal principle in criminal proceedings that the burden of
proving a fact which if proved would lead to the conviction of the accused
is on the prosecution who should prove such fact beyond reasonable doubt.
In criminal cases, any doubt, as to the guilt of the accused arising from the
contradictions in the prosecution's evidence of vital issues must be
resolved in favour of the accused."
A man may be convicted on the evidence of a single witness. However
such evidence must be credible and cogent. In The State v. Aibangbe
(1988) 3 NWLR Pt. 84 Pg. 548 the Supreme Court held per Craig, JSC at
page 592 as follows:
"...it is just as well to state that there is no law or rule of practice
specifying that a man may not be convicted on the evidence of a single
witness...What is important is that the evidence given must be credible and
be of such quality and cogency that a Court would safely rely on it in
coming to a decision in a case. Thus, if such evidence has been thoroughly
discredited under cross-examination or is otherwise open to doubt in the
light of other supporting evidence then, it would be wrong to rely on it in
convicting the accused person."
As earlier stated, I am convinced that the trial Court based its decision to
convict the Appellant for armed robbery on the evidence of PW2 and
PW5 which I have already stated are weak and unreliable. With the