Now let me begin by stating at the onset that in every criminal trial, the
burden is on the prosecution to prove its case beyond reasonable doubt
in line with section 135 (1) of the Evidence Act 2011, which provide
thus;
“If the commission of a crime by a party to any proceeding is
directly in issue in any proceeding civil or criminal, it must
be proved beyond reasonable doubt.”
See the case of GODWIN IGABELE V STATE (2007) 2 NCC 125.
Indeed, as succinctly highlighted in the defence’s final written address,
learned defence counsel M.B. Ngada Esq. formulated a sole issue for
determination to wit
“Whether the prosecution has prove the offence of rape
beyond reasonable doubt against the defendant.”
Prosecution on the other hand formulated 2 issues for determination
and is hereby reproduced as follows;
“Whether the prosecution has from the totality of the
evidence adduced before this Honourable court proved
its case beyond reasonable doubt against the
defendant.”
“Whether the defence can be heard to complain about
the admissibility of exhibits already tendered and
admitted in evidence before this court without
objection.”
In arguing the issue, counsel submitted that the prosecution has failed
to prove any of the ingredients of rape under section 259 of the penal
code law of sokoto state 2019 beyond reasonable doubt ISA V THE
STATE (2016) LPELR 4011 (SC).
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