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February, 2017 but was filed on the 28 th day of February, 2017 as
their final address in this matter and urged the Court to discharge
and acquit the defendant on the ground that the prosecution failed
to prove the allegation beyond reasonable doubt. For the /
prosecution , her learned counsel adopted the final written address
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dated the 21s day of February, 2017 and filed on the same day as
their final argument in this charge. He urged the Court to hold that
the prosecution has proved all the ingredients of murder beyond
reasonable doubt. He urged the Court further to convict and
sentence the defendant in accordance with the law.
In the final written address of the defendant, his learned counsel
formulated one issue for the determination of this Court to wit: "Whether the prosecution proved that it was the
defendant who murdered the deceased as
required by law?"
For the prosecution , her learned counsel in his final written
address framed one issue for the determination of this Court. The
issue
for determination is as follows :....
"Whether the prosecution has proved the case
of murder beyond reasonable doubt in this
charge?"
I have looked at the issue for determination variously distilled by
the learned counsel for the parties in this charge. On sober
reflection on the sets of issue for determination as settled on
behalf of the parties shows clearly that the sole issue for
determination prepared by the learned counsel for the defendant is
similar and related to the .sole issue for determination culled by the
learned counsel for the prosecution . Any of the sets of issue for
determination formulated by the parties is apt, relevant and
germane to determine this charge. I shall adopt the sets of issue
for determination in the consideration of this charge but for easy
understanding , I shall address the sole issue for determination as
follows :Whether
the
prosecution
from
the
circumstances of this case and the evidence
adduced , has proved beyond reasonable doubt