provision of the Evidence Act that the evidence of Mohammed
Abubakar was not brought because it would not have been
favourable to the prosecution’s case and as such this has greatly
prejudiced the prosecution’s case.
On the charge of conspiracy under Section 8(a) of the Advance
Fee Fraud and Other Related Offences Decree No. 13 of 1995, it is
submitted that the offence requires the same modus of proof as
required under the Penal Code and the prosecution has not been
able to show any form of conspiracy.
With respect to Count 27, it is the submission that the prosecution
has failed to establish and prove the various elements constituting
the broad charges.
It is the submission that the Report in Exhibits R, S, T and T1 did not
in any way indict the accused, though the said report cannot in
law be relied upon and the probative value to be ascribed to the
report remains very low.
It is submitted that it would be very wrong to convict an accused
person on speculative finding or suspicious because for a
conclusion to be grounded it must be based on credible or
reasonable inference to be drawn from the totality of evidence
including the defence made out by the accused. See AMADI v
STATE (1998) 8 NWLR Pt 314 at 644.
It is submitted that proof of any crime must be beyond reasonable
doubt. See EDAMINE v STATE (1996) 3 NWLR Pt 438.
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