doubt against the defendant in respect of all the
offences alleged against him.”
The case of the prosecution against the defendants, is as presented by
the evidence of the 4 prosecution witnesses and the exhibits tendered
and admitted.
Similarly, the defence of the defendant is as presented by the evidence
of the 1 one witness who happened to be the defendant and the
exhibits tendered and admitted through the prosecution witnesses.
The facts upon which the charges against the defendant were framed,
are as contained in the 4 counts charges captured by the amended
charge sheet.
The defence counsel in their adopted written address submitted that by
the offence of theft, dishonest intention on the part of the defendant
must be proved and to the hilt that it was the defendant who
committed the theft, and these elements according to the defence
counsel, has not been proved by the prosecution.
He further argued that PWs 1-3 are all official witnesses who were not
present when the alleged offence of theft took place and so their
evidence is hearsay and inadmissible.
- Obed V. Stat {2014} LPELR 23123
He argued that the AK47 riffle with a rounds of live ammunition said
to have been stolen from the Nigerian Custom Duty Post at Gaido
village of Illela LGA of Sokoto State has not been tendered before this
court, and there is no any evidence before the court showing that it was
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