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These are the submissions of counsels to both Defendant.sand the
prosecution . The issue for determination is whether the prosecution
has proved his case beyond reasonable doubt. There are plethora
of Supreme Court Authority which state that in all criminal matters ,
the burden of proof beyond reasonable doubt is always on the
prosecution to discharge and any doubt must be resolve in favour
of the Defendant . See Section 131 and 132 of the Evidence Act
dealing with burden and standard of proof generally. See also the
case of UDO v STATE (2017) 3 NWLR Pt. 1553 at 411 Ratio 2 and 4.
And the case of UBANI v STATE (2003) 4 NWLR (Pt. 809) 51.
I have carefully considered the evidence before this court and
found that the prosecution has woefully failed to prove the
allegations against the Defendants as required by the law. It is clear
that no proper investigation was done right from the beginning of
this case . The Defendants has successfully defended themselves
and I believed them as witnesses of truth. The charge against them
is hereby dismiss and the Defendants are also discharge and
acquitted . This is my decii
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HON. JUSTICE M. L. ABUBAK~~·~{ / ~/
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8/5/2019
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