informed this court that he is unaware of the allegations and never
committed the offence?
Learned defence counsel submitted that the above poses great
uncertainty that prevent this court from coming to an irresistible logical
and unequivocal conclusion that the defendant before this court is the
actual offender therefore the evidence of the prosecution is materially
inconsistent to establish beyond reasonable doubt that the defendant
committed the alleged offence of rape.
Counsel referred the court to the cases of ALMUSTAPHA V STATE
((2013) LPELR 20995 (CA), OGWUNJIMI V STATE (2017) LPELR
42768 (CA).
Learned counsel further submitted that the purported confessional
statements of the defendant which the prosecution sought to rely upon
were denied, she went further to submitted that the defendant in this
matter has categorically stated in his evidence that he is not Wadata
Dan Jumma, the person that made the statement also that the identity
of the defendant was already in issue prior to the commencement of
the charge when defendant gave evidence.
Learned defence counsel urged the court to escape the web of
confusion spun around by the prosecution in this case by their
surreptitious attempt to connect the defendant to the crime through
amendment of charge to substitute Wadata Dan Jumma (the initial
defendant) to Wadata Dan Umma (the present defendant) also that the
evidence are substantially inconsistent to support the allegations
against the defendant. Likewise, the confessional statement relied upon
by the prosecution in urging this court to convict the defendant was
made by another person and not the defendant. Since confessional
Page 5 of 22