file his final written address. Hence, time for the Defendant
having elapsed, his right to do so was foreclosed. In instant case
therefore, in order to determine this case, I will and I hereby
adopt the sole issue for determination as formulated by the
learned prosecuting Counsel thus: “Whether the Prosecution has proved its case against
the Defendant beyond reasonable doubt as required by
Section 135 of the Evidence Act, 2011?”
To resolve the above issue, at the beginning of this judgment, I
had re-produced the five Counts Charge against the Defendant.
And the law is that in a criminal trial, the prosecution must prove
its case beyond reasonable. Section 135 (1), (2) and (3) of the
Evidence Act, 2011 (as amended) especially subsection (1) of
Section 135 provides as follows: “(1) If the commission of crime by a party to any
proceeding is directly in issue in any proceeding civil or
criminal, it must be proved beyond reasonable doubt.”
In the case of THE STATE V SQN LEADER D. T ONYEUKWU,
(2004) LPELR 3116, the Supreme Court of Nigeria in
considering the meaning of proof beyond reasonable doubt held:“It must be stated and emphasized that proof beyond
reasonable doubt does not mean or import or connote
beyond any degree of certainty. The term strictly
means that within the bounds of evidence adduced and
staring the Court in the face, no tribunal of justice
worth its salt would convict on it having regard to the
nature of the evidence led and the law marshalled out
in the case. It can be said that evidence in a criminal
trial that it susceptible to doubt cannot be said to have
attained the height or standard of proof that can be
said to be beyond all reasonable doubt. Regardless of
what one might think in a given state of affairs, neither
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