In the adopted written address, defence counsel submitted that aside
tendering the statement of the defendant which is exhibit A and A1,
the evidence of PW1 offered no any evidential value to the
prosecution’s case because his evidence according to the defence
counsel, merely hearsay on the most important issues
- sections 37 and 38 of the Evidence Act, 2011
- FRN V. Usman {2012} ALL FWLR pt 632 p 1639 at
1652-1653
Defence counsel further contended that the virus which affected the
evidence of PW1, has also affected the evidence of PW2 whose
evidence according to the defence counsel has only shown that he
registered the exhibits brought to him for registration but did not take
part in the investigation of the case, nor did he knows whether or not
the exhibits were recovered from the defendant.
It was further contended by the defence counsel that the evidence of
PW1, PW2 and PW4 lack evidential value because none of their
testimony before this court establish single element of the offence
against the defendant.
It was the submission of the defence counsel that the evidence of PW3
is shrouded with several material contradictions that goes to the root of
the charge against the defendant.
- Etim V. Akpan {2023} LPELR 44904
Defence counsel also argued that this court cannot rely on the
statement of the defendant which was admitted in evidence and
marked as exhibit A and A1 this is because apart from the fact that the
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