./
d the record of proceedings, exhibits and appreciated the legal
l ha~e rea
1
submissions of both learned counsel .
It is conceded that only one issue really arises for determination namel y,
6
;'Whetli~r the Prosecution has proved the case beyond reasonable doubt to
warrant the conviction of the Defendant"?
The Defendant is charged under Section 4 ( 1) (c) of the Criminal Code,
Cap 36, Vol. II, Revised Laws of Anambra State 1991
·
lt provides thus;
Section (4) - When , an offence is committed, each of the
following persons is deemed to have taken part in committing the offence and to
be guilty of the offence and may be charged ·with actually committing it, that is
to say;
( c) "Every person who aids another person in
committing the offence,".
ln the instant case, the Defendant was said to have aided one Tochukwu
and Ogbonna no\v at large, to enter the dwelling house of one Chief Donatus
Obiez~ by opening the gate for them with inten t to steal, and they actually stok
t,vo motorcycles and one generator belonging to the tenants in the compound.
There is no doubt that the burden in criminal cases is for the prosecution
to prove the guilt of the accused person beyond reasonable doubt. See
OSUAG\\'U VS THESTATE 2013 l\i1RSCJ Vol. 20 . See Section 138 of the
Evidence Act. This burden does not shift. It is also settled that in going about
the process of discharging this burden thrust upon the prosecution, they could
do so by -one or more of the following ways namely~
l.
2.
3.
Evidence of eye witness to the crime.
Confessional statement of the Defendant
Circumstantial evidence.
See the case of DAU VS STATE (2016) 7 NWLR PART 1510 Pg 83, Ratio 3.
.
'
ln the instant case, from the totality of the evidence before the court, it is
clear that the Defendant did not make a confessional statement. This is so
because the volfmtariness of the Defendant's confessional statement was
st1_ccessfully put in issue and the statement was rejected. Also there was no eye
Wltness to the commission of the crime . All that the case of the s
·s hinged
upon is circumstantial evidence.
CERrr