also referred to, in
the lpo in the presence of pw1 to write same. Exhibit D was
police station.
order to show that Exhibit B was written or done at the
PW1 stated that
Reference was made to the testimony of PW1 where she,
then' the
the reconciliation process took place at the police station' and'
and, that, the lPo'
defendant was given two weeks extra, to do the reconciliation,
PW2 was not Present"
of the prosecution'
It is submitted that there are inconsistencies in the case
Musa V' The state
The case of Dogo V. The state (2001) FWLR (Pt' 39) 1388,
(2021) 12 NWLR tpt. 1790) 268 at 2BB and others cited in this regard'
denied
Then, on Exhibit D again, it was submitted that DW1 vehemently
evidence' The case
Exhibit B. This court was also urged not to pick and choose
was cited and reried
of Musa V. The state (2021) 12 NWLR (pt. 1790) 268 at 2Bg
upon.
make the
It was further submitted that the defendant was compelled to
forced in
Account reconciliation in Exhibit B, and, that she was also subsequently
parting with the sum of N4OO,QOO= as a condition for her bail'
Exhibit
It is submitted that the police are not debt collectors, and, that
B
was an undertaking to that effect'
(CA) and
The case of Nwadingwu V. IGP & Ors (2015) LPELR - 26027
cited and relied
onagoruwa V. IGP (1991) 5 NWLR (Pt. 195) 593 (CA) were
upon on the issue of Police not being debt collectors'
It was further submitted that the evidence before the court contains
"Bus!", it was
inconsistencies" Then, on the software programme called
section 167 (d) of the
submitted that this court shourd invorve the provision of
were tendered' The
Evidence Act, 2011 as amended, since no bank statements
AII FWLR (Pl' 417)
case of l.B.N. Ltd. v. Attorney General, Rivers state (2008)
that count ll was
10 was cited in respect of speculation. lt was also submitted
discharge and acquit
unnecessarily brought. Then on issue two, this Court was to
contradiction and a
the Defendant in the basis of glaring inconsistencies, material
finally urged to
fabrication against the Defendant. A frame up. This Court was
discharge and acquit the Defendant'
reasonable
It is incumbent upon the prosecution to prove it's case beyond
refers'
doubt. The case of John ogbunbujo & Anor. (2001) 2 ACLR 522a|528
See Obilum
See further Section 135(1) of the Evidence Act, 2011, as amended'
Anekwe V. The state (1998) 1 ACLR 426 at434'
13