business. She stated that the tricycle man is not her husband. She stated that
her husband is now abroad, and, that they had a disagreement.
DW1 said it was when the tricycle man was arrested, that it then lead to
her arrest. She said she could not recall whether it was ten bags of Uzza rice that
she supplied to PW1 the first time. She said the first transaction was for fifteen
bags of rice which PW1 paid.
DW1 stated that she was arrested at Agbarho. She stated that she was
unaware of the fact that the police were looking for her for over a month.
DW1 denied discussing with PWz before money was paid by her, PWz
into her account by her"
There was no re-examination, and, that was the case for the Defence.
It is incumbent upon the Prosecution to prove it's case beyond reasonable
doubt. See the case of John Ogbuburjo&Anr. (2001) 2 ACLR 527 at 558" See
further S" 135 of the Evidence Act, 2011 as amended. See ObilumAnekwe. V"
The state (1998) 1 ACLR 426 at434.
The three modes of establishing the guilt of a Defendant are (a) Direct
evidence (b) circumstantial Evidence and (c) Confessional statement. See the
case of Abirifon V. State (2013) 224 LRCN 1 at 5.
From the evidence before the court it is clear that there is no dispute as to
the initial or former transaction between the Defendant and PW1, and for which
the Defendant supplied, and PW1 paid for. That transaction is not captured by
the charge before the court.
However, it is the second transaction that interests the court which is ably
captured in the charge. lt is not in dispute that PW1 and PW2 deal with the sale
of rice, while the Defendant supplies rice.
It is also not in dispute that it was the defendant who sometime in the
month of June, 2021, who went to PW1's shop at powA market, by DSC
roundabout, Effurun, introduced herself to PW1, and then presented herself as a
supplier of rice to her, PW1. lt is also not in dispute that PW1, thereafter, based
on the representation from the Defendant then paid the sum of N1,586,500= to
her for the supply of bags of rice, groundnut oil and beans. The total sum of
money given to the Defendant by PW1 is N1,671,500= which includes
transportation. See Exh. A, the PW1's testimony also. The defendant in her past
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