9
QKEREKE VS. STATE (1998) 3 NWLR (PT. 540)
75.
All these suggest the inference that their evidence on this crucial
point was not evidence of what they observed . Put bluntly)
although the statements are not supposed to tally with their
evidence with mathematical accuracy but their statem~nts are
different version of the incidence from their testimony in Court. I
must say that the statements of the witnesses and their evidence
before the Court evince a premeditated and orchestrated plan to
make out a case of armed robbery at all cost and not evidence of
what transpired of which the witnesses observed . This can only
explain the discrepancies disconnections and omissions on
crucial points in their statements vis-a-vis their evidence before the
Court. The P.W.1 and P.W.2 even as they testify before the Court
cut out a picture of one who was not stating what he observed and
hence the lack of coherence and sequence in and between their
evidence and extra judicial statements made when the incident
was very fresh in their memory.
1
Again ) considering the time when the incident occurred , I don't
believe the P.W.1 and P.W.2 who claimed that they were
struggling with the first robber that entered their house, that the
gun shots they heard (if they were gun shots) were fired within
their vicinity . Of course, the tenor of their entire evidence point
irresistibly to that conclusion . It is a thing of common knowledge
that the day is U:Sually very quiet and calm during the early hours
when this incident was said to have occurred. It is also a thing of
common knowledge that sound travels very fast during such
period as a result of the quietness and calm nature of the
environment. It is therefore not surprising that while the P.W.1
testified that two gun shots were released very close to the room,
~~he P.W.2 claimed that they were fired outside. Besides this, there
~
__ 7. s serious discrepancy at the stage the gun shots were allegedly
~
4(' heard between the statements of the P.W.1 and P.W.2 made
1-- ~ X . when the incident was very fresh in their memory vis-a-vis their
~ ~ et., ~vi?ence befor~ the Court which w~re made two years after the
.~ :-« ~ incident. The discrepancy to my mind suggests that the alleged
" ...._
._
gun shots were merely added to score a point. It should be borne
0
£...
in mind that the prosecution is relying on the extra judicial
statements of the defendants to prove that the defendants were
armed during the robbery operation . The prosecution as such
---_)
through the P.W.3 tendered the said extra judicial statements of
Z
O
.[
l
.! I
I
I:
if