IDENTIFICATION – DEFINITION OF IDENTIFICATION  

 

JBA
 JBA
Joined: 3 months ago
Posts: 50
16/10/2019 10:45 am  

“What is identification? This court in The State v. Aibangbee (1988) 3 NWLR CPL 84) 548, defined identification to mean: “a whole series of facts and circumstances for which a witness or witnesses associate a defendant with the commission of the offence charged. It may consist of or include evidence in form of finger prints, handwriting, palm prints, voice, identification parade, photographs or the recollection of the features of the culprit by a witness who saw him in the act of commission which is called in question or a combination of two or more of these.” See also Anyanwu v. The State (1986) 5 NWLR CPL 43) 512, Eyisi v. The State (2001) 15 NWLR CPL 691) 555.

Also in Adeyemi & ors v. The State (1991) LPELR -168 (Sc) page 23 paragraphs C -E, this court held that

“It is fallacious to think that the only identification of an accused person acceptable when an issue of identification is raised is an orchestrated identification parade, identification depends on mental ability and perception of individuals. Where a witness who gave evidence of visual identification was not cross-examined; nothing stops a trial judge from accepting his evidence.”

 

PER. J. I. OKORO, J.S.C IN OLUFEMI BABATUNDE Vs THE STATE APPEAL NO: SC. 516/2014  https://legalpediaonline.com/olufemi-babatunde-vs-the-state/


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