It is also well settled that in a criminal trial, the prosecution could discharge the
burden placed on it by the provisions of Section 135(2) and (3) of the Evidence
Act, to prove the ingredients of an offence, and invariably the guilt of an Accused
Person beyond reasonable doubt, in any of the following well established and
recognized manners, namely:
1. By the confessional statement of the accused which passes the requirement of
the law; or
2. By direct evidence of eye witnesses who saw or witnessed the commission of
the crime or offence; or
3. By circumstantial evidence which links the Accused Person and no other person
to or with the commission of the crime or offence charged.
See Lori V. State (1980)8 8-11 SC 18; Emeka V. State (2011)14 N.W.L.R
(pt.734)668; Igabele V. State (2006)6 N.W.L.R (pt.975)100.
Being therefore mindful of the well settled principles as espoused in the authorities
cited in the foregoing, I shall proceed to examine the instant charge in the light of
the evidence adduced by the prosecution in order to determine whether or not the
prosecution has established the charges against the defendant beyond reasonable
doubt.
I now proceed to consider the counts in relation to the evidence on records and in
the process determining whether the required legal threshold of proof was met.
Now under COUNT 1, the defendant is charged with the offence of obtaining
money under false pretence contrary to Section 1(1)(a) of the Advance Free
Fraud Act and punishable under Section 1(3) of the same Act.
It may be necessary to at this stage state the relevant full provision of Section 1of
the Act to enable a full appreciation of its import and application. The section
provides thus:
“1. Notwithstanding anything contained in any other enactment or law, any
person who by any false pretence and with intent to defraud…
(a) obtains, from any other person, in Nigeria or any other country for
himself or any other person; or
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