prosecution has proved its case beyond reasonable doubt against the
defendant and convict him as charged.
Having Summarily reproduce the submission of both counsel for the
prosecution and the defence, let me start by saying that it is trite law
that in criminal trial it is the responsibility of the prosecution to prove
its case beyond reasonable doubt against the defendant who is being
charged with an allegation of committing crime.
- Ajibade V. State {2013} 8NCC 221
- Smart V. State {2016} LPELR 40827
- Akinlola V. State {2015} LPELR 25986
The rationale behind this duty upon the prosecution in our criminal
justice system, is derived from the constitutional presumption of
innocence in favour of the defendant which has been guaranteed by
section 36(5) of the constitution of the Federal Republic of Nigeria
1999 as amended.
Before dwelling into the evidence before this court in relation to the
offences with which the defendant was arraigned, let me first
determine the admissibility or otherwise of the statement of the
defendant made on the 9/4/2019, this is because when the prosecution
sought to tender same in evidence before this court, the defence
counsel objected to its admissibility on the ground that apart from the
fact that the defendant is not the maker of the statement, the defendant
did not also make the statement voluntarily.
It is trite law that an objection to the admissibility of a defendant’s
statement can be raised either on the ground that the statement was not
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