9 when Uzoamaka Offer left the flat which was the last time she saw her alive , she did not see her enter the flat retained by the hospital on the 3rd floor but assumed that she went there . It is her evidence also that apart from the key he gave to the defendant to open the staircase door, other tenants have keys to that entrance door and she was not present when the entrance door was locked in the night of the incident. The P.W.3 in his evidence told the Court that the deceased's purse, text book, exercise book and two Nokia phones were found in the parlour of her flat while her body was found at the ground floor with the left leg of the sandal. The P.W.4 Leonard Ezekude in his evidence claimed that he locked the main gate and entrance door to the building by 1O p.m. as usual and did not open it for anybody again . But when he came down after hearing the noise, the gate has been opened with its key. It is his evidence that every tenant in the compound has his own keys . He claimed also that when he came down from his flat following the cry of one of the nurses , the defendant told them that Uzoamaka Offor fell from the upstairs. However, the P.W.5 in his evidence stated that following the cry of the nurse on duty, the neighbours were banging at ·the gate' and later the nurse on duty opened the gate for them . T~e P.W.6 Emmanuel Elekalachi while being cross examined by the learned counsel for the defendant testified that the body of the deceased was not smashed like the body of someone who fell from a height but blood was gushing out from the back of her head . From the totality of the evidence of the prosecution witnesses , one thing is clear and that is that the defendant who had left the hospital finally for the day later resurfaced in the hospital. However, there is no evidence of the time the defendant came back to the hos'pital and nobody saw him enter the hospital compound . The fact that the defendant resurfaced in the hospital suggests that the gate to the compound and the entrance door had not been locked by the P.W.4 at the time he entered the hospital. Following the evidence of the P.W.2 and the time of the incidents she experienced before the corpse of Uzoamaka Offor was found ; it suggested one of two things. The first is that the defendant did not ~eave the hospital but was in the flat reserved for the doctors upstai.rs. If that is the position , it means that it was a premeditated murder. However, there is no evidence that the defendant was in possession of the key to the entrance door of the flat. Since the deceased was the person residing in the flat while the doctors use the doctors' room in the flat when they could not