It is wel I seuled that the burden of proving armed robbery against an acc used pu s I1es 0~1 th~ prosec_ut1on and 11 does not shift This is provided in sect iun 139 ( I). (111 2)1 and (~) o1 the Evidence Act, 20 I 1. See Ad 1sa VS . State (20 I 5) 4 N wI.I ( ( pt 14 :,oJ 47:) wJ 502 . lJkwunney i vs . State(l989)4 NWLR (pt 114) 131 . It is al so se ttl ed that proof beyond reasonable doubt in the realm 111' crimi11:il _just ice 1s certainly, not proof beyond all shadow of doubt. See State vs . <lw:in -gw, , 11 1 (2015) 13 N\VLR (pt 1477) 600@ 635. -~ In Iin e with th e foregoing and under Nigerian crimina I system, an accusc;d person is pre sumed to be innocent unti I proven guilty . Nol only th is, he is cnt itkd 1,/:cni<Jy Ii is right to fair hearing as unequivocally stated in section 36 (4) or the constitutio11 or the Federal Republic of Nigeria 1999 (as amended) . See Adisa vs. State supra (a) 502 . 1 In criminal trials , the prosecution can establish the guilt of an accused perso11 /'or the commission of the alleged offence by any of the following: a. the confessional statement of the accused : b. circumstantial evidence: and c. evidence of an eye witness . See the case of Alufohai vs . State (2015) 3 NWLR 9pt 1445) l T2 . In the light of the foregoing, did the prosecution prove the guilt of the clele nclant fo r the crime of the armed robbery he was charged with in this case? l agree with the submission of the learned counsel for the defendant Lh at lilt prosecution relied on direct evidence and confessional evidence in this case . In deploying direct evidence to prove its case, the prosecution relied on Lhe evid enc e of PW 1, PW2 and PW3 , and to some extent, the evidence of PW4 . Let me qu ote the essential part of PWl 's evidence . ·rn the morning of 5/5/10, around 7.20am, I was at the petrol pump selling. Tw o boy s earn; into the station -with their rnotor cycle . The motor cycI_e was painted yello w and the name of the motor cycle is carter brnnd . 0 _11e ol th em is the defendant in the dock . The passenger then brought out hi s gun and ,, A 1 I "'\ • f- p rl C' I") t"'\"'\ Q I") t ., . . . ,:lo () '"' r, I r) r, I/ ·I Or t "'V'\ U 1 A . ) l• O r .) ,-, , , , •~ l rl : rl r, , , ,-1 I, r., , r. •~ , ., I ,, -~ , l ; •~ • • • • ' ; j I ,