prove that Societe D’ Equipments Internationaux Nigeria
Limited is a contractor with NAF as alleged in the charge.
It is the contention of the Defence that the prosecution
suppressed the statement of the Defendant.
The DW1 testified that he gave full explanation to STF1
who duly recorded him and took some annexures from
him. That to his surprise at the trial some statements where
he gave his explanations were not produced and those
produced had their annexures removed or tampered
with.
To confirm this, the prosecution unwittingly
produced one of the statement (Exhibit Z7) taken from the
Defendant during investigation, which ought to have
been served on Defendant in the proof of evidence.
It is submitted that by holding on to the Defendant’s
statement Exhibit Z7 and only tendering it during crossexamination,
the
prosecution
had
confirmed
the
Defendant’s version that some of his statements and
documents were suppressed. See MOHAMMED v STATE
(1991) LPELR 1901 (SC). Court is urged to hold that the
prosecution have failed to prove its case against the
Defendant beyond reasonable doubt. Court should
discharge and acquit the Defendant.
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