He argued that as to the element that the respondent misappropriated
the moveable property to his personal use, he submitted that the
evidence led by the prosecution before the trial court did not show that
the respondent has personally benefited from the money collected from
PW1.
As to the element that the respondent acted dis honestly respondent’s
cancel submitted that in order to avoid repetition of submission
decided to adopt their submission in paragraph 5,4,12,24_4,12,31 of
their adopted written address and concluded by saying the respondent
did not acted dishonestly as the prosecution did not lead evidence to
the contrary.
He argued that the trial court properly evaluated the evidence led
before it in compliance with the laid criteria set out in decided cases
before arriving at its decision.
- Adebayo v. Ausei {2004} 4 NWLR pt. 862 p 44
- Scoa M. Aregbesolo v. Oyinlola {2011} 9NWLR pt
1253 P 458
The respondent’s cancel finally submitted that since the applicant has
failed to convincingly substantiate their appeal with legal argument, he
urge the court to resolve the issues in favour of the respondent.
Let me start by saying that in our adversarial system of criminal
justice, it is trite law that in criminal trial it is the duty of the
prosecution to prove its case beyond reasonable doubt against the
defendant charged with the allegation of committing a crime because
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