EVIDENCE LAW – Identification of Accused – When Identification Parade is Unnecessary
Ratio Decidendi
Per Belgore, JSC, in Otti v. State (1993) NLC-2491991(SC) at pp. 4-5; Paras E--A:
"It is not in all cases that identification parade is necessary; and whereas in this case the P.W.1 right in the heavy traffic several miles away from the scene of crime identified not only the driver but also the car, an identification parade is not only superfluous but completely unnecessary."
Explanation / Scope
Identification parades are most critical when witnesses had brief or poor observation opportunities, or when identification ability is questionable. They become unnecessary when: (1) witness had good opportunity to observe accused; (2) identification occurred independently in different circumstances; (3) accused was known to witness before the crime; (4) multiple identifying factors exist (person plus vehicle, distinctive features). In this case, identifying both driver and vehicle in heavy traffic miles from crime scene demonstrated reliable recognition ability, making formal parade redundant. The principle prevents unnecessary procedural formality where identification reliability is established through other circumstances. Courts assess identification quality case-by-case rather than requiring parades mechanically.