call from an " Okada " rider that they had se~ n the fugit ive in a bus h path near
his house . They were then traced to th eir abode, the riders called the
- defend~mt on phone, he came out, was arres\ ed and taken to the Spec ial Ant i
Robbery ·Squad Nerii . He made a Statement to t he Pol ice and went bac k to his
I
house and noticed a lot of destruction cause (\ by those that broke into his
house and noticed a lot of his propert.ies missin g. He went back to the Police
and with the Police team and defend ant in tow w en t to his house the scene of
crime and to the defendant' s residence there he id entified a lot of his missing
properties . On getting back to his house, they saw thE: defendant' s clothes and
the defendant admitt t~ d the clothes were his . He is afraid to go to his house
and has mental trauma at the violation of his residence . In his cross
-
.
\
examination sam e day by the learned defence counsel , Pwl affirmed he made
a statement to the \l)ol ice , his statement was admitted as Exhibit A. Learned
defence counsel use~h e statement to make the Pwl recant some of his
testimony in court as t ~ y were not in his statement . On 7/3/18 his cross
examination continued a~
Pwl affi m1ed that the defendant identified his
clothes as the ones found at\~ scene of crime . Pwl could not state who told
him that the defendant emerged from this ho use and fled. Pwl maintains that
\
the defendant was part of the crime and he did not bring a thrumped up
charge against him. He affirmed that his stolen properties were found in the
defe'ndant' s house.
\
On 14/ 3/18 the prosecution calle~ one Sergeant Enegide Chukwutel who
testified on oath as Pw2 . It is his evidence that he is the investigating Police
Ofticer of this matter though they investigated as a- team . He states that on
'
~-~, ~11 7
.
he w-.., 5 c;rn duty at the S.A.R .S. Office Neni when Pwl came '.n with
boys fr~ ~ h,- \i illage and reported that his house in the village had been
This is th e Judgment a~'l ive r ed by ·Hon. Justi ce l) .A. Onyefulu on 24/7/2018
Page 3