The 2nd Defendant apart from confessing to the Commission of the
crimes, also rested his case on that of the prosecution. The statement of the
2nd Defendant marked as Exhibit ICPC BGKB6, is confessional in nature,
and a confessional statement is a good ground upon which a Court can
convict where the confessional statement is direct and positive.
- State V. Isah (2018)8 NCC 320
- Ajibade V. State (2013)8 NCC 221.
Similarly, an accused person who rests his case on that of the
prosecution shut out himself and will have no one to blame, as it is an
indication that he does not wish to place any fact before the trial Court
inform of an explanation or rebut any allegation made against him. In fact the
rating of the effect of resting of a case on that of the prosecution, is
admission of the evidence led by the prosecution.
- Ajibade V. State (Supra)
- Ali V. State (1988)1 NWLR pt 68 p 1.
In view of all the foregoing, I hold the view that the prosecution has
proved all the elements of the offences with which the Defendants are
charged beyond reasonable doubt.
- Ajayi V. State (2013)53 NSQR 632.
- Ikaria V. State (2013)8 NCC 248.
The prosecution having proved its case beyond reasonable doubt
against the two (2) Defendants in respect of the two (2) counts charges with
which the Defendants were arraigned, I hereby convict you Bashar Garba and
Kabiru Bello as charged.
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