15
I
i
4.
The opportunity of close observation .
5.
The previous contacts between the two parties.
SEE : NDIDI VS. STATE (Supra) .
By the P .W .1 recogn ising the man that entered his wife's room and
called him by his name mean that there was previous contJct
between them . or he had seen him before the incident. The
question that is pertinent to ask at this juncture, is, whether there is
any evidence before the Court to suggest that the P.W .1 knows
the said Azuka before the incident? In the evidence of the P.W .1,
he did not state that he knows Azuka who is the 1st defendant
before the incident. Going by his evidence in Court, when he made
the compla int to the Pol ice , the Police would have gone for the
arrest of the culprit if he had mentioned that a familiar, well known
person identified by name and description or place of abode was
connected with and participated in the commission of the crime in
question . By the Police telling him according to the P.W .1 that it
w ill be easier to get the culprits if he reports the matter to the
Vig ilante men is a clear manifestation of the fact that he did not tell
the Pol ice that -he knows one of the perpetrators. As a matter of
fact , in his extra judicial statement wh ich is Exhibit "A" and which
he made after the arrest of the defendants , the witness made it
clear that he knows the faces of the three suspects very well and
not that he knows one of them before the incident. After stating
th is, he went further to state in his statement which is Exhibit "A"
as follows :~.....------- - - "Then when the day brakes very well, I went to
~ C.U~,r
report the incident to the Vigilante men of our
.}1
·'1:Cf'
area and on getting there, I saw the very armed
(I)
mm,
! robber that I fought with in my house with the
71
tesh mark of the machete cut I gave him on his
head in the night. I recognised him quite alright.
eir-
w~-~
ONJT s~
II
-----..,....elllall!oa""o~e statement of the P.W .1 did not in any way suggest that
.,.
he knows the 1st defendant at all before the incident. It was at the
concluding part· of his statement where he stated that the
defendants confirmed robbing him in his house in the night that he
said that the very one that engaged him in fight in order to escape
with the machete cut on his head is called Azuka Nwokoro alias
Anini from Utu community. It was as a result of this that the