make her finding before the Almighty God who is the Judge of all
Judges.
A cursory look and consideration of the prosecution evidence is
by no means corroboration; they are mere items of evidence
raising suspicion. It is trite that suspicion has no place in our laws.
See UDOR v STATE (Supra) where the Supreme Court held thus:
“The law is trite that suspicion, no matter how strong it is,
cannot take the place of legal proof.
Items of evidence
raising suspicion which put together, do not have the quality
of being corroborative evidence to ground any conviction
for a criminal offence”
In the light of the above and after due consideration of the
evidence before me, I hold the firm view that the case of the
prosecution is shaky, doubtful and cannot ground a conviction of
the accused person.
Before I drop my pen, I must confess that the quality of the
prosecution is to say the least not impressive.
Criminal prosecution is not a child’s play. At this stage, I find it
most appropriate to refer to the case of IDOWU v STATE (2000) 12
NWLR (Pt 680) 48; 7 (2000) 7 SC (Pt II) 50; where Ogundare, JSC the
lead judgment re-echoed the need for quality prosecution as
follows:
“I cannot end this judgment without commenting on the poor
quality of the investigation, if any, carried out by the police in
this case. Had there been a more thorough investigation, the
missing link would have been obtained. The quality of the
prosecution at the trial was not better either...”
28
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