it case. Court was urge to convict the Defendants as
charge.
The Defendant upon receipt of the Prosecution final
written address. Filed a reply on point of law. Where
learned counsel submit that counsel final written
address cannot take the place of evidence in law.
Therefore court was urge to discountenance with same
and discharge and acquit the Defendants.
On the part of court, after a careful consideration of the
processes filed, oral and documentary evidence cum the
respective final written addresses of counsel, I shall
adopt the 1st issue formulated by the Defendant as issue
for determination by this Honourable court to wit;
Whether the prosecution has proved its case against the
Defendants beyond reasonable doubt as required by
law.
By the provision of section 139 of the evidence Act
2011, the burden of proof in a criminal case lies on the
FEDERAL REPUBLIC OF NIGERIA AND KAYODE GABRIEL ADENIJI & 2ORS
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