suspicion nor speculation or intention can be a
substitute for a proof beyond reasonable doubt. It is a
proof that precludes all reasonable inference or
assumption except that which it seeks to support and
must have the clarity of proof that is readily consistent
with the suit of the person.”
In other words, proof beyond reasonable double is proof that
precludes every reasonable hypothesis except that which it tends
to support and it is proof, which is wholly consistent with the guilt
of the Defendant and inconsistent with any other rational
conclusion.
Arising from the above, as rightly submitted by the prosecution,
guilt of the Defendant may be proved: (1)
(2)
(3)
By confessional statement of the Defendant;
Evidence of eye witnesses;
Circumstantial evidence.
See the cases of SUNDAY UDOCE V THE STATE, (2014)
LPELR 23064 (SC), DARLINGTON EZE V FRN, (2017) LPELR
42097 (SC) AND EMEKA V STATE (Supra).
Having said the above, the first Count charge against the
Defendant is for the offence of obtaining by false pretence
contrary to Section 1 (1) of the Advance Fee Fraud and other
Related Offences Act, 2006 and punishable under Section 1 (3) of
the same Act.
For the prosecution to succeed in proving Count 1 of the offence,
the prosecution must prove the ingredients of the offence as
follows: (1) That there was a pretence;
(2) That the pretence emanated from the Defendant;
(3) That it was false;
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