12
PATIENCE OMADARE & ANOR
vs
\ _✓ -
ATT. GEN OF FEDERATION
(2013) 32 WRN 129 at 142 -143, had this to say;
"Pro<?{ heyond reasonable 1/oubt however does not
pr()(~{ beyond fl 'CIJ s/ui(IOH' vf dvubt, but the
cvitlcnce adduced by the Prosecution must he strong i
aJ:ainst the Accused person as to leave onlv a remote
possibility in hisfav()UT. Wh en there is n~thing short
of this, the prosecution has discharged its burden anti
the trial court may co nvict".
JJJCl/11
In order to prove the offence of rriurder, the burden placed on the
Pro::i~culion 1s Lo prove and establish the following ingredients, namely;
a.
b.
c.
That 'death of a human being took plac ~ i.e. that the deceased died.
Th at tile death \,vas caused by the Acc Lsed.
Th at the act of the Accused that caused the death was done with the
i il lcnlio11 of causing death or that the accused knc\N that death wil I
be the probable consequence of this act.
See r 1c Supre me Cou1i case of
HARUNA VS AG. FED ERATION
2012 9 NWLR PART 1206
Pg 4 I 9 I{atio 1.
See a !so the case of
GAMBO MUSA VS STATE
2009 39 NSCQR Vol. 39· at 392.
IGABELE VS THE STATE
2006 6 NWLR PART 975
Pg 100.
On th e preliminary issues, it must be borne in mind that the guilt of the
Acc u-:,eJ rnay b(.; proved by all or any of the follow ing;
a.
b.
C. .
Confessional statement.
C1 1u1111sla11Lial evidence
Di rect evidence i.e. evidence of an eye witness .
OKLJDO VS STATE
2011 3 NWLR PART
:f.&209.
CERTIFIEfJ
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