VS ISAAC (2012) LPELR – 9306 (CA), OMIYALE VS MACAULEY (2009) 7 NWLR (Pt. 1141). The questions that begs for answer are two:Qst.. Where did Defendant get authority to sell plots of norminal complaints’ land to PW1, PW4 and PW5? Qst.. Was there any land in law at all, belonging to the Defendants? Indeed the onus is on the party who assert the affirmative to prove his assertion. It is however the law that once the court is very convinced that the ingredients of an offence is established, prosecution is then adjudged to have discharged that burden of prove. I have seen and read the contents of the documents tendered before me, on the one hand and listened to the viva – voice evidence adduced by Prosecution and Defendants on the other part. FEDERAL REPUBLIC OF NIGERIA AND KAYODE GABRIEL ADENIJI & 2ORS 47