defence. He urged the Court to rely on all the evidence adduced by the
Prosecution in this case and on its strength convict and sentence the Defendant
accordingly.
I have considered the evidence led and submission of the learned Counsel for the
Prosecution. It is trite law that in criminal proceedings such as this, the burden of
proof lies squarely on the Prosecution, and it must establish the guilt of the
Defendant beyond reasonable doubt. It is only after such proof that the burden
will shift to the Defendant to establish reasonable doubt. See: Sections 131 and
135 of the Evidence Act, 2011 and AGU v STATE (2017) LPELR-41664(SC), per
Sanusi, JSC at pages 51 – 52, paras. E – A; OSUAGWU v STATE (2016) LPELR40836(SC), per Nweze, JSC at pages 36 – 37, paras. A – E; LAWAL v STATE (2016)
LPELR-40633(SC), per Kekere-Ekun, JSC at pages 32 – 33, paras. F – C; and ABDU
v STATE (2016) LPELR-41461(SC), per Sanusi, JSC at page 9, paras. C – F.
In the instant case, the Defendant was arraigned before this Court on the 22nd of
February, 2017 on a two count charge of conspiracy contrary to Section 8(a) and
punishable under Section 8(c) and 1(3) of the Advance Fee Fraud and Other Fraud
Related Offences Act No. 14 of 2006; and obtaining money by false pretence
contrary to Section 1(1) and punishable under Section 1(3) of the Advance Fee
Fraud and Other Fraud Related Offences Act, 2006.
It is also settled that the guilt of a Defendant is established through any one or
more of the following methods:
(i)
By direct evidence of eye witness(es);
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