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is only being ·suspected to have committed the offence. This is
made clear by the evidence of the P.W.2 - P.W.6 on the point
which is bundle of suspicion as submitted by the learned counsel
for the defendant. It is clear that because the defendant resurfaced
in the hospital looking for the deceased after he had informe,o the
P.W .2 that he .was going home finally for the day and later found
the corpse that made the witnesses to suspect that he · was
responsible for the murder of the deceased. This is demonstrated
by the P.W.4 who admitted under cross examination that in his
extra judicial statement which he made when the facts of the
matter were still fresh in his memory, he stated clearly that he
suspects the defendant because from the statements of the
nurses , he slept in the flat that night before the incident happened .
This was also manifested in the evidence of the P.W.5 who
testified that at the station the defendant was shivering and the
other ·doctors were encouraging him and when the defendant was
making his statement suddenly he dropped his pen and started
telling him the story of what happened . But under cross
examination he admitted that in his statement to the Police he did
not state that the defendant was shivering and the other doctors
were encouraging him . He admitted also that in his statement he
stated clearly that the defendant told him his story of what
happened before the statement making . And above all , the P.W .6
even testified that the defendant collected the touch light from the
nurse in the pretext to look for Uzoamaka Offor, but the motive
was for him to clean up everyth ing that will incriminate him .
However, the possibility exists that another person may have
committed the crime and cleverly covered his track to avoid
suspicion . In all , I have looked at the tenor of the evidence
adduced by the P.W.1 - P.W.6, and as I said earlier, I am afraid
that the evidence is mere suspicion . It is now settled law that
suspicion , no matter how strong and convincing cannot displace
the heavy duty on the prosecution to prove the defendant's guilt to
the hilt by admissible evidence .
SEE : OKEREKE VS . STATE (Supra) .
I am therefore satisfied that the prosecution failed woefully to
prove this element or ingredient of the offence of murder. This has
made it an academic exercise to consider the other remaining
ingredients of the offence of murder. When a person is standing
trial for a crime , generally every material point or every essential