10-15 times also that as regards to the oral testimony of PW4 and PW5
there is no any discrepancy or contradiction in their evidence as
reproduced in the submission of the defence in paragraph 3:19 to 3:21
learned DPP further submitted that the PW4 and PW5 informed the
court that Exhibit C and D are in compete that there are many things
which they have to the court that they were not captured in Exhibit C
and Din addition to what is written therein and the court to hold that
there is no any contradiction or discrepancy in the evidence of PW4
and PW5 and treat their evidences as reliable and convict the
defendant.
On the issue of failure to call medical doctor it is the submission of the
learned DPP that there is no need for Exhibit A and B to be tender by
the maker. Since the maker of the document Exhibit A and B is on
study leave out of jurisdiction and his attendance cannot be secured,
his team member appeared in court and informed the court that they
work in team and he is part of the team that examine PW4 and PW5
and issued the certificate only that he is not the doctor that signed the
report and that defence dispense with the attendance of the doctor and
closed his case.
Learned DPP submitted that Exhibit A and B are well explanatory
from the wording therein Nana Khadija centre is a joint ownership
with Government of sokoto state it is manage by sokoto state doctors
who have specialty and requisite training in that field and finally urged
the court discontinuance with the submission of the defence counsel
for lacking in merit and convict the defendant accordingly.
Let me start by saying that it is trite law that in criminal proceedings
the law placed the burden or responsibility of proving the guilt of the
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