can apply for the medical doctor to be summon either for purpose of
cross examination or any other reason but since the defence counsel
did not exercise his right of making an application to call the medical
who sign exhibit A&B for purpose of cross examination neither the
court nor the prosecution can compel the defence counsel to make
such application and prosecution is not bound to call all witnesses
provided in the opinion of the prosecution the witness so far are
sufficient for the prosecution, I refer to the cases of:- Galdima V. State (2017) LPELR 43469 (sc)
- Bayo Adelumola V. The State (1988) NWLR (pt 73) (1988)
LPELR 119 (sc) pp (30-31) Paras E-A
And though the defence said they would wished the medical officer to
come to court, he did not specifically request or insisted on the
presence of the medical doctor. Indeed our superior courts have held
that it is not always mandatory for the maker of a medical report who
examined the victim(s) of rape to be present in court to give evidence
see BUBA V. THE STATE (1992) NWLR (pt 215). The production by
either party of the medical report signed by the medical officer is
sufficient evidence of facts stated therein see.
- Kolawole V. State (2015) LPELR 24400 (sc)
Furthermore,
the
learned
defence
counsel
has
argued
that
contradictions exist between the evidence of PW4 and PW5 as against
their oral and extra judicial statement.
A piece of evidence is contrary to another when it assets the opposite
of what the other asserts and not necessarily when there are minor
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