Ans. On the . 20
th
February 2009, I was not in my shop . I came back
around 5pm and I looked at my shop every where was scattered,
etc. .. I then went down to CPS and I was making a report I saw him
there, etc, etc,
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... The next day, I went to Area Command and I was making a
report at Area Command, I saw him there again etc, etc,
Under cross examination, the excerpts I had earlier quoted, took place.
If these two answers given by PWl are taken together, it would only
come to be that the incident happened on Friday. On that Friday, PWl
went to CPS, the next day he went to Area Command and the next
week he wrote the petition to Commissioner of Police. The date written
on the petition is purely irrelevant. Even if it is, the IPO, would be in a
much better position to explain or inform the court when the petition
came to the office of Commissioner of Police.
I cannot also but agree with the respondent's counsel that the petition
having been received in evidence and marked as an exhibit, no other
oral evidence can be added, subtracted or given on it. It is a trite
elementary law.
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Let me make one or two comments on some of the judicial authorities
referred to by all the counsel. I had the opportunity of reading most of
them. In the case of of Ayorinde .V. Sogunro supra, the issue there, was
a bit different from what transpired in the instant appeal. PW1 in this
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