CONTRADICTION IN THE PROSECUTION’S CASE – NATURE OF CONTRADICTION OR DISCREPANCIES IN THE PROSECUTION’S CASE THAT WOULD ENTITLE AN ACCUSED PERSON TO AN ACQUITTAL
LEGALPEDIA ELECTRONIC CITATION:LERCA/YL/190C/17
SUMMARY OF FACT:
This resulted in the attack of the NDLEA operatives by the mob including the Appellant, who were armed with dangerous weapons, which resulted in the death of two operatives of the NDLEA, while the rest escaped to seek reinforcement from a nearby military checking point. With the help of the Soldiers and the Policemen, the mob was dispersed and an arrest of the 3rd, 4th, 5th and 6th Defendants and others was made but they were later released after investigation.The 7th Defendant who was shot on the leg by one of the NDLEA operatives was later arrested the day after the incident. The 1st Defendant was arrested by the NDLEA operatives at Dumne and he led the security operatives to effect the arrest of some of his boys along with the 8th Defendant who was alleged to have planted cannabis at his house.
The Appellant had fled the town but was later arrested at Belel. He was alleged to have confessed his participation in the incident to the village head of Jamatari in the Loko mob attack in which two NDLEA officers were killed. It was also alleged that 2 grammes of Diazepam and 18 grammes of Tramadol (Tramol) were found on the Appellant.
The Appellant was arraigned alongside seven (7) others on a seven-count charge, for which he pleaded not guilty. During the trial at the lower court, the Prosecution called ten (10) witnesses. Each of the Defendant testified and the defence called ten witnesses; with the 8th Defendant calling additional two witnesses. At the end of the trial, the lower court found the Appellant guilty for Conspiracy and Obstruction of officers of the National Drug Law Enforcement Agency (NDLEA) from carrying out their lawful duty for which he was convicted and sentenced. Dissatisfied with the decision of the trial court, the Appellant has appealed to this court.