On this singular issue, it is the submission that with the avalanche of
credible, cogent and material evidence before the court, the
prosecution has proved his case against the accused person
beyond reasonable doubt.
It is submitted that the accused person severally abused the
victim of this case (PW3). The PW3 narrated without missing words
how her father started having unlawful sexual intercourse with her
since 2014.
On the issue of corroboration, it is submitted that the evidence of
PW5 couple with Exhibit B and C are material, cogent and
convincing enough to corroborate the evidence of PW3.
See
case of POSU v STATE (2011) 3 NWLR (Pt 1234) 393 at 416.
It is submitted that not all the contradiction in the evidence of the
prosecution can vitiate his case. Contradiction that do not go to
the root of the case will in no way affect the case of the
prosecution. See HABIBU MUSA v STATE (2013) 8 NLC 464 Page 468
at 487. Para H – F.
It is submitted that in considering the evidence before the court to
determine whether the prosecution has proved his case, the court
is duty bound to take into account the totality of the evidence
adduced by the prosecution. See case of OGIDI v STATE (2005) 5
NWLR Pt 918 Pg 286 at 298 R 12.
It is the submission that the evidence of DW1, DW2 and DW3 are
tainted because the witnesses are blood relation to the accused
person; they never knew what offence the accused person is
charged; they have no knowledge of the crime of the accused.
Their evidence are nothing but hearsay. Court is urged to convict
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