“Whether in the instant case, the prosecution has
profer credible evidence and prove the essential
elements of the six counts amended charge
against the Defendants beyond reasonable doubt.”
As a preamble, it is the law that in criminal cases, the standard of
proof is placed on the prosecution to prove the essential
ingredients of an offence beyond reasonable doubt against the
Defendant(s). This is in line with the provision of Section 135 of
the Evidence Act, 2011 (as amended). See also AKPA V THE
STATE, (2007) 2 NWLR (pt 1019) page 500 at 519 – 520,
UDO V STATE, (2006) ALL FWLR (pt 337) page 456 at 457.
It is also the law that the prosecution can prove the guilt of a
Defendant either: (a)
The confessional statement of the Accused person;
(b)
Circumstantial evidence; or
(c)
Evidence of eye witnesses of the crime.
See the cases of BITO SEMAKA V THE STATE, (2018) LPELR
44001 (CA), SOPAKIRIBA IGBIKIS V THE STATE, (2017)
LPELR 41667 (SC) and OGEDENGBE V THE STATE, (2014)
LPELR 23065 (SC).
Having said the above, the coast is now clear to consider the
essential ingredients of each count offence as contained in the
amended charge whether the prosecution has adduced evidence
to prove same against the Defendants beyond reasonable doubt.
The first count is for the offence of Conspiracy by obtaining
money under false pretence contrary to Section 8 (a) and
punishable under Section 1 (3) of the Advance Fee Fraud and
Other Related Offences Act, 2006.
Firstly, Section 8 of the Advance Fee Fraud and Other Related
Offences Act provides: “A person who: 23