EVIDENCE – IDENTIFICATION EVIDENCE – What the court must consider in ascribing value to the evidence of an eye-witness in identifying an accused person(s)


“In order to ascribe any values to the evidence of an eye witness identification of a criminal, the Court in guarding against cases of mistaken identity must meticulously consider the following issues:- 1. Circumstances in which the eyewitness saw the suspect, was it in difficult conditions? 2. The length of the time the witness saw the suspect at a glance or longer observation? 3. The opportunity of close observation 4. Previous contact between the two parties 5. The lighting conditions. See EMMANUEL OCHIBA VS THE STATE (2011) 17 NWLR (pt.1277) 663 and ORE-OFE ADESINA (aka Alhaji) & ANOR VS THE STATE, (2012) SC (PT. 111) 114.” Per SAMUEL CHUKWUDUMEBI OSEJI, JSC in UTTO v. STATE (2021-LCER-40501-SC) (Pp 24 – 24; Paras A – E)

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