causing the title documents of plot SS1, Jikwoyi Extension
III to be made in favour of Pax Education Resources an
unregistered company belonging to the 1st Defendant.
(3)
Whether the prosecution has proved beyond reasonable
doubt against the 1st Defendant, the offence of forgery of
an application form of Fine Trust Academy in its policy file
No. 9764 from 1997 to read 2005 with intent to cause
injury to Effiong Nsugunsi the promoter of Fine Trust
Academy so as to support the claim of title to plot SS1
Jikwoyi Extension III in favour of Pax Education
Resources.
ISSUE ONE
In his submission, learned Counsel for the 1st Defendant stated
that it is a well settled principle of law that the burden of proof
in a criminal case lies squarely on the prosecution and that this
burden of proof remains on the prosecution throughout and
does not shift. He relied on the case of OSUAGU V STATE,
(2016)16 NWLR (pt 1537) page 31 at 67 paragraph B-E.
At paragraphs 4.3 -4.8 of the address, learned Counsel
for
st
the 1 Defendant submitted that to prove conspiracy, the
prosecution must prove the ingredients set out in the case of
YAKUBU V STATE, (2014)8 NWLR (pt1408) page 111 at
124 paragraphs C-E.
Further, Counsel submitted that to secure a conviction for the
offence of conspiracy, the prosecution must establish some
overt acts as held in the case of OMOTOLA V STATE (2007)
7 NWLR (pt 1139) page 148 at 192-193 paragraphs H-A.
He stated that it is settled law that the circumstantial evidence
that will warrant a convictions for the offence of conspiracy
must be of such quality that irresistibly compels the Court to
make an inference as to the guilt of the Accused/Defendant
and leave no reasonable grounds for speculation that some
other person other than the Accused/Defendant committed the
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