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Law/Judiciary

Evidence Not Tendered

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Blacks law dictionary, the edition defines evidence as something including testimony, documents and tangible objects that tends to prove or disprove the existence of an alleged fact. Also the court in Awuse V. Odili (20050 10 NWLR (Pt 952) Pg 416 adopted the definition of evidence which stated that it is “Any species of proof or probable matter legally presented at the trial of an issue by the act of the parties and through the medium of intress, records, documents, exhibits etc for the purpose of inducing belief in the mind of the court or jury as to their condition.
Having known at evidence is, can a court then act on an evidence not tendered in evidence. The law is well settled that no court of law is empowered to make reference or rely on any piece of evidence which halfs not been properly and formally placed before it, in the course of reaching its decision in a case. See Godnews Agbi & Anor V. Chief Audu Ogeh & Ors (2005) & NWLR (A 926) 40. The only circumstance, whereby a court is permitted to make reference or rely on evidence not tendered and formally admitted before it, is when the evidence falls under the categories of evidence that the court is permitted to take judicial notice of, in accordance with the evidence Act. Note that unless an evidence is formally tendered in court and admitted it is not permissible for a learned trial judge to make reference to it or rely on it in his judgment. See Oranike V. State (2018) LPELR-45481.
The fact that evidence has been front loaded as proof of evidence or alongside with a criminal information file (as the case maybe), does not automatically qualify it as admissible and reliable evidence, the evidence is merely frontloaded to inform an accused person(s) of the charge preferred against him and inform him in advance of the likely evidence that may be adduced against him in line with the constitutional provision of section 36 (6)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The law does not believe in springing up surprises on Parties in a suit. In the case of Odiaka V. State (2013) LPELR-21977 (CA) Per Ogunweiniju JCA held at pages 14-16 as follows: “Let me say right off that the proof of evidence is a document served on the defence and to the court containing names of in trusses the prosecution want to call and a phrase of what they intend to say. Every accused in a trial by information is entitled to the proof of evidence as that he can prepare a defence to the case the prosecution intends to make against him. It does not constitute evidence. The court before whom it is filed cannot use any of its contacts in aid of the prosecution or the defence. It is only evidence on oath given by a witness in open court that is relevant and admissible in a criminal trial……”
Tendering of evidence therefore is to ensure that the opposable side as well as the court keep track of the documents while taking evidence. Non- tendency of the evidence makes it difficult for the court to rely on such evidence.

 

Nkechi Bright Ewere

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Law/Judiciary

Buhari Meets PSC Members, Receives 2018 Annual Report …As Police Confirm Death Of ACP Zubairu

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President Muhammadu Buhari yesterday met with members of the Police Service Commission at the State House, Abuja.
The Tide reports that the agenda of the meeting between the president and members of the commission included the presentation of the 2018 Annual Report of the police commission.
At the meeting, the president also waded into the reported misunderstanding between the  Office of the Inspector-General of Police and the Police Service Commission over the recruitment of 10,000 personnel.
President Buhari had in 2016 approved the recruitment of 10,000 policemen as part of fresh measures to address the nation’s security challenges including banditry, kidnapping and the farmers/herdsmen clashes across the country.
Meanwhile, the Police Command in Sokoto State has confirmed the sudden death of Assistant Commissioner of Police (ACP) Sulaiman Zubairu  last Sunday.
The Police Public Relation Officer, ASP Muhammad Sadiq who confirmed the death to newsmen in Sokoto, Monday, said ACP Zabairu was in the state to supervise the screening of candidates for the on-going recruitment into Nigeria Police Force.
“He finished his assignment on Sunday and was planning to depart for Abuja on Monday,’’  he said.
He said the deceased would be buried on Tuesday in Sokoto  and prayed that the soul rest in peace.

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Law/Judiciary

Rivers Police Link Serial Killings To Cultism

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The Rivers State Police Commissioner, Mr  Mustapha Dandaura, has said that the serial killing of young women in parts of the state in recent times is  cult related.
Dandaura made the disclosure while  briefing newsmen in Port Harcourt, yesterday.
He explained that the victims were always rapped with white cloth material around the neck or waist region, which he said signified cult action.
The state Police boss, said that the suspects usually drug their victims before strangulating them to death.
According to him, with- out such action, it would be difficult to kill the victims as the act may attract attention of nearby people.
As a panacea, he said all hotel operators have been ordered to mount a Circuit Cable Television (CCTV) system in their premises.
He explained that the system would help in regulating activities within and around the hotel area.
Another solution, he provided, was compulsory training of all personnel and security staff of hotels which must be carried out by the Police.
Dandaura maintained that forthwith,  all hotel customers would be profiled, with their valid identification cards placed at the reception unit.
“All hotel customers will be profiled. Those with swimming pools will also have expert divers in case of any emergency,” he said.
The Rivers State CP. pointed out that a task force comprising the Police, DSS and the Ministry of Tourism and Culture was also on ground to ensure that the recent serial killing of young women in hotels in the state was not repeated.
“We  now have a task force, no more short-time service in hotels. Every customer must book full time,” he added.
Meanwhile, he said that one of the suspects the command arrested last Monday in Port Harcourt was helping the police with useful information about the activities of other suspects in the state.
The Tide learnt that some women groups in the state like  the National Association of Women Journalists (NAWOJ) and others have concluded plans to stage protest in the state today.

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Nigeria, UAE Move To Boost Security Agencies’ Capacity

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Nigeria and the United Arab Emirates (UAE) have agreed to continue to work collaboratively to build the capacity of security agencies under Nigeria’s Ministry of Interior.
The ministry made this known in a statement by Director of Press and Public Relations of the Ministry of Interior, Mr Mohammed Manga, on Monday.
According to the ministry, the  collaboration is part of efforts to strengthen  internal security in Nigeria.
Manga said that the two countries renewed the commitment last Monday in Abuja when the UAE Ambassador to Nigeria, Fahad Altaffag visited the Interior Minister, Rauf Aregbesola.
Speaking during the visit, Aregbesola noted that strengthening the relationship between the two countries which had existed for years, would further boost the efforts of the President Muhammadu Buhari- led administration at ensuring the security of lives and property of Nigerians.
“Collaboration on security between the Nigerian Ministry of Interior and the UAE Ministry of Interior will strengthen the government’s capacity to solve internal security challenges in Nigeria,” the minister said.
He assured that Nigeria would continue to collaborate with the UAE in the areas of capacity building, educational development, fire disaster management, intelligence gathering, and border security management.
He observed that the security system of the UAE was never in doubt and as such, Nigeria could learn a lot from the country.
“When we have intellectual and physical capacities, we will not only overcome security challenges, but also neutralise them,” he reiterated.
Earlier, Altaffag said his country had in the past held discussions with Nigeria on ways to work together to solve internal security issues in Nigeria.
He said that his visit was to concretise the existing cooperation between the two countries on security matters with a view to providing the necessary support needed by the Buhari administration to create the environment conducive for foreign investment inflow to revitalise the economy.
The ambassador pledged his country’s support for the Nigerian government in its resolve to ensure the security of lives and property of Nigerinas toward moving the country to the next level of socio-economic development.

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