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).
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