In the Case of AKALEZI VS THE STATE (1993) 2 SCNJ 19, it was held that “Proof Beyond Reasonable Doubt is not attained by the number of witnesses fielded by the Prosecution. It depends on the Quality of the Evidence tendered by the Prosecution.” In the case of ADIO & ANOR VS THE STATE (1986) 4 S.C. AT 195, OPUTA J.S.C. it washeld as follows: -“How is a case Proved Beyond Reasonable Doubt? Direct Oral Evidence can prove a Case. If the testimonies of witnesses who saw and heard were believed, there would be proof Beyond Reasonable Doubt. Circumstantial Evidence can also prove a case Beyond Reasonable Doubt. The Case of JOSEPH OGUNBAYODE & ORS VS THE QUEEN (1954) 14 W.A.C.A. 458 (OTHERWISE KNOWN AS THE APALARA CASE), is an excellent example of Proof Beyond a Reasonable Doubt, based purely on inferences from Circumstantial Evidence. It is often said that witnesses can lie but circumstances do not, so in that sense, circumstantial evidence affords better Proof Beyond Reasonable Doubt.” Section 36(5) of our Constitution is very clear that every person who is charged with the commission of an offence shall be presumed innocent until proven guilty. He who asserts must prove and that must be Beyond Reasonable Doubt. Once the Proof of a Crime Beyond Reasonable Doubt is discharged, then Section 135 (3) of the Evidence Act shifts the burden of proving Reasonable Doubt to the Defendant. See also the Cases of WOOLMINGTON V. DPP (1935) AC 462; MICHAEL VS THE STATE (2008) 13 NWLR (PT. 1104) 361; AKINFE VS THE STATE (1988) 3 NWLR PT 85 PG 729(SC); AIGBADION VS THE STATE (2000) 4 SC PT 1 PG 1 AT PG15, 16 (SC); SIMEON NEBEIFE OBIDIKE VS THE STATE(2014) LPELR-22590 (SC); YONGO V. COP (1992) 4 SCNJ 113.Reasonable Doubt which will justify Acquittal is doubt based on reason and arising from evidence or lack of evidence, and it is doubt which a reasonable person might entertain and it is not a fanciful doubt, it is not imagined doubt. It is such as would cause a prudent man to hesitate before acting in a matter of importance. Reference is made to Black’s Law Dictionary, 6th Edition, PAGES 161, 1266; ANI & ANOR VS THE STATE (2009) LR ELR SC 239/2006; AMUSA VS THE STATE (2005). 17

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