It is submitted that the prosecution have failed to prove the
offences as charged against the accused person; that justice
must be done to both the accused and the prosecution, but most
importantly where there is any iota of doubt such doubt must be
resolved in favour of the accused p0erson. See case of ALIYU v
state (2000) 2 NWLR Pt 644 at 78. Court is urged to discharge and
acquit the accused person for lack of proof of all the allegations
against him by the prosecution.
The prosecution on its side filed a 37-page final written address
dated
6/11/15
wherein
counsel
formulated
an
issue
for
determination, thus:
“Whether from the quantum of evidence adduced by the
prosecution, it could be said it has discharged the burden on
it by proving the offences for which the accused is charged
beyond reasonable doubt”
On this singular issue, it is the submission that the guilt of an
accused person may be proved by:
(a)
The confessional statement of the accused; or
(b)
Circumstantial evidence; or
(c)
Evidence of eye witnesses.
See case of EMEKA v THE STATE (2001) 14 NWLR (Pt 734) 666 at 683.
It is submitted that from the totality of evidence adduced at the
trial, the prosecution has proved its case against the accused
person as required by law. Court is referred to Section 135(1) of
Evidence Act 2011.
15