EVIDENCE – IDENTIFICATION EVIDENCE – When identification evidence can be used to sustain a conviction


“In the instant appeal, the evidence of rape of a girl under fourteen years of age is overwhelming against the appellant. The constituents of the offence as provided in Section 283 of the Penal Code are evident. More interestingly, the appellant was spontaneously identified as the culprit notwithstanding the powder he used to mask his face. It is trite that when the evidence against an accused is spontaneous and natural, the Court would not be wrong to act on such identification. See Ilodigwe v. State (2012) All FWLR (Pt. 654) 1, (2012) 18 NWLR (Pt. 1331) 1; Anyanisu v. State (1986) 5 NWLR (Pt. 45) 612.” Per OKORO, J.S.C. in ISMAILA KIWO v. THE STATE (2020- LCER-39167-SC) at p. 34 – p. 35

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