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identification of the defendants by Pwl after being _told by vigilante men
that the defendants were the ones caught with her stolen drivers licence
left much to be desire and is not acceptable. There is doubt in the mind
of this court
that the Pwl would not ordinarily have identified the
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r
defendants if she was not earlier told that they were the people caught
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;
with her drivers licence. The need for identification in cases where
unfamiliar person are alleged to have participated · in crimes of this
nature is explained in the case of BALOGUN V. A. G. -OGUN STATE
(2202) 6 NWLR (pt 763) 512.
The learned prosecution counsel seems to have appreciated the
fact of improper mode of identification or lack of identification of the
defendants by the Pwl in course of investigation of this case and did not
make issue of it in course of her submission in this case . It is even noted
that without cross - examination of the Pwl by M. C. Ezeh Esq . of
counsel to the 1st defendant in that respect the Pwl would not be said
that she identified the defen~ants.
In th: absence of eye witness evidence against the defendants,
the learned prosecution counsel as seen from her submissions anchored
her case substantially on the alleged confessional statements of the·
defend~nts and made copious submissions thereto.
The prosecution relied on the alleged confessional statement made
st
on 10/02/2015 by the 1 defendant Ifeanyi Uzor to SARS Unit Onitsha
J
tendered on 27/9/2016 as Exhibit G and the alleged confessional
nd
statement made by the 2
defendant on 10/2/2015 tendered on
27/9/2016 as Exhibit H also made to SARS Unit Onitsha.
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