Defence counsel further submitted that considering the time
when the alleged robbery took place which was between
7:30pm – 8:00pm during which there was a limited visibility,
it will be doubtful if the victim was able to see his assailant
clearly, and consequent upon the foregoing submission, urge
this court to warn itself of the dangers of relying on the
evidence of the witness because at that time, there was low
visibility.
- Ndidi V. State (2007) 13 NWLR PT 1052 P 633 at 653.
- R. Turnbull 63 CR. App P. 132.
- Adamu V. State (2013) LPELR 20770.
He submitted further that identification parade was necessary
because PW1 did not know the 1st defendant before the
alleged robbery incident and had very short time to observe
the features of the defendant coupled with the low visibility
because of the darkness.
- Olanipekun V. State (2016) 13 NWLR Pt 1528 P 100.
- Martina V. State (1997) 1 NWLR Pt 481 P 355.
- Ebenezer V. State (2020) 8 NWLR Pt 1727 P 573.
Defence
counsel
contended
that
there
was
material
contradiction in the evidence of PW1, PW2 and PW3 as
while PW1 and PW2 testified to the fact that they reported
the robbery incident at Kwannawa Police Station, the
evidence of PW3 shows that he heard about the incident for
the first time when the Manager of Blue Star Hotel called
him. He then concluded by saying that their evidence is
doubtful and that the doubt should be resolved in favour of
the defendant.
- Danladi V. State (2019) 16 NWLR Pt 1698 P 342 at 394.
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