because it appeared elaborate as to take care of the 1 one issue
formulated by the defendant’s counsel that is:“Whether from the totality of the evidence adduced
before the court by the prosecution it could be said that
the prosecution has proved the charge against the
defendant beyond reasonable doubt.”
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 the provision of section 135 (1) of the Evidence Act
2011, which provides 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 also the case of GODWIN IGABELE V. STATE (2007) 2 NCC
125.
Defence counsel in arguing the issue as court aimed in final written
address submitted that PW1 and 2 are the parent of the guardian of the
victims who roles in this case were no more that what they were told
by the victims as they are not eye witnesses to the alleged crime while
PWs 3 and 6 are investigating police officers, their testimonies end
with specific role they played in the course of investigations of the case
none of them is an eye witness, learned defence counsel submitted
further that the evidence of PWs 1 and 2 is base on hearsay and not
what they personally saw, therefore their evidence being a hearsay,
cannot passed the admissibility letters provided for by the Evidence
Act.
Submitted more so that PW4 and PW5 apart from being minors under
the age of 14 years they are not truthful witnesses, there are a lot of
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