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 Page 14 of 25

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