inevitable, that the prosecution must inexorably establish every ingredient of the
offences as contained in the charge. Undoubtedly, such proof must be beyond
reasonable doubt. See the Case of Obriki Kingsley V. The State (2010) O NWLR
(Pt. 1191) 593 at 609 - 610, per His Lordship, Augie JCA, as he then was, now
JSC.
On burden of proof resting on the prosecution, See the Case of lsmail V.
The State (2008) 15 NWLR (Pt. 1111) 593 at 620. On proof of essentiat
ingredients, this Court refers to the Case of yongo & Anor" v. C.o.p.(1992) B
NWLR (Pt. 257) 36 at 50. See further the case of Enewoh V. The State (1989) 6
NWLR (PT. 1 19) 98 at 1 09).
Where the Prosecution fails to prove onus of the essential ingredients, the
resultant effect is that of acquittal of the Defendant. See the Case of Friday
Aiguoreghian V. The State (200a) All FWLR (Pt. 195) 716 at 721, Ratio. See
further the Case of Sunday & Anor. V. The State (2OOg) Ail FWLR (pt. 482) 1044
at 1048 - 1049, Ratios 5 - O"
Now, very importantly in the Case of Samson Emeka V. The State (2012)
9 ACLR 401 at 421, His Lordship, Onu, JSC, stated:
"The evidence adduced by the Prosecutor clearly consisted of the
confessional and circumstantial evidence. These admittedly constitute two of the
three ways or methods of proving the guilt of the Accused person, the third
method being the evidence of eye witnesses which in the instant case is
conspicuously not available. See Uke v. The state (ig75) g 11 SC 17,,So
much for the Law.
From PW1's evidence, it is obvious that he was not an eye witness to have
commission of any offence. Furthermore, as a core staff of First Bank of Nigeria,
Plc, at it's Airport Road, Effurun Branch, at the material time, his duty as an ATIV
custodian was
to load ATM with cash, and ensure that it pays money to
customers daily from Mondays to Fridays. Thereafter, for weekend duty, himself,
PW1 and another staff would hand over to two other staff.
From his evidence, he PW1, handed over to one Vitalis Osunbor, another
staff, while another staff handed over to the Defendant. Also, from the evidence,
he stated that he has the combination of set of codes, a set of codes that gives a
person access to the ATM, while his other colleague has the key.
So, from the evidence, PW1 and another colleague handed over weekend
duties to Vitalis Osunbor, who has now disappeared into tine air and the
1.1.