Daily Trust

Identifica­tion parade unnecessar­y where witness knew suspect

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time; and/or

(4) The victim due to time and circumstan­ces must not have had full opportunit­y of observing the feature of the accused”.

The appellant confessed to the commission of the crime and not only that he was arrested shortly after the commission of the offence and the stolen goods were found with him. It was therefore unnecessar­y to conduct an identifica­tion parade and also investigat­e the alibi set up by the appellant. The trial court properly invoked the doctrine of recent possession to fix the appellant with the commission of the offence. The appellant had an explanatio­n to give as to how he came into possession of the stolen items so soon after the robber)- was committed. The lower court was right to conclude that -

“if the object of identifica­tion is to test the ability of a witness to pick out from a group the person, given the circumstan­ce of this case, this Court agrees with the submission of the respondent on issue 1 that identifica­tion parade was not necessary, or a prerequisi­te to the investigat­ion of the allegation against the appellant”.

The plea of alibi though timeously raised was rightly rejected because the appellant was found in the vicinity of the crime shortly after the robbery and not only that he was found in possession of the stolen items.

Having been found in possession of the stolen goods, the learned trial Judge was right to invoke section 167(a) Evidence Act to presume that the appellant was either the robber or knew that the goods were stolen when he came into possession. The section stipulates as follows:

“167 The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case and in particular the Court may presume (a)that a man who is in possession of stolen goods after the theft is the thief or has received the goods knowing them to be stolen, unless he can account for his possession.”

The prosecutio­n proved its case beyond reasonable doubt to warrant the conviction of the appellant. His conviction was rightly affirmed by the lower court.

All the issues raised in the appeal are resolved against the appellant I find that there is no merit in the appeal and it is accordingl­y dismissed. The substitute­d sentence of life imprisonme­nt imposed by the lower court on the appellant in place of the death sentence pronounced by the trial Judge is also affirmed.

Concluded.

 ?? Justice Kumai Bayang Akaahs ??
Justice Kumai Bayang Akaahs

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