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14
touch light that enabled the P.W.1 and P.W.2 to realise that it was
a man that entered their house, I don't think it will be logical to say
that the P.W.1 kept the touch light pointed on the face of the
person in the course of their fight and so was able to realise that
the person was Azuka .
Be that as it ry,ay , by calling the man Azuka presupposes that the
P.W .1 knows Azuka before the incident and so was able to
recognise him . It should be borne in mind that recognition may be
more reliable than identification of a stranger; but even when the
witness is purporting to recognise someone whom he knows; the
jury should be directed that mistakes in recognition of close
relatives and friends are sometimes made.
SEE : .IKEMSON VS . STATE (1989) 3 NWLR (PT. 110)
455.
NDIDI VS . STATE (2007) 13 NWLR (PT. 1052)
633 .
Where the identity of the defendants crops up in a case , the Court
must not only warn itself but must meticulously examine the
evidence proffered to see whether there are any weakness
capable of endangering or rendering worthless any contention that
the prosecution witnesses had enough time to observe the
defendants . If the quality of the identification evidence is good and
remains good at the close of the defendants' case , the danger of a
mistaken identification is lessened but the poorer the quality the
greater the danger.
SEE : NDIDI VS . STATE (Supra) .
It is now settled principle of law that to ascribe any value to the
evidence of an eye witness regarding identification of a criminal ,
the courts in guarding against cases of mistaken identity must
meticulously consider the following issues:-
L.
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1.
The circumstances
defendant.
in which the eye-witness saw the
2.
The length of time the witness saw the subject or defendant.
3.
The lighting conditions .
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