of the constitutional presumption of innocence in favour of the
defendant.
- Ajibade V. State {2013} 8 NCC 221
- Smart V. State {2016} LPELR 40827
- Akinlolu V. State {2015} LPELR 25986
- Section 36 (5) CFRN 1999 as amended
- Section 135 of the Evidence Act, 2011
It is also trite law that whenever the prosecution has proved all the
elements of an offence with which a defendant is a accused before a
trial court, the prosecution is said to have proved its case beyond any
reasonable doubt and the trial court is bond to convict the defendant as
charged.
- Ajayi V. State {2013} 53 SCQLR pt II p 631
- Ikaria V. State {2013} 8 NCC 248
- Alabi V. State {1993} 7 NWLR pt 307 p 511
Before arriving at a decision as to whether or not the prosecution has
proved its case beyond reasonable doubt, to warrant a conviction or
acquittal, the trial court is duty bound to consider the totality of the
evidence led by each of the parties and then place it on an imaginary
scale of justice to see which of the two {2} sides weighs more
credibility than the other through the process of evaluation. It therefore
follows that evaluation of evidence entails the assessment of evidence
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