arrested in possession of the motorcycle of PW2 which was released to
him later on bond.
She further submitted that the Defendants in their respective
statements, stated the roles each of them played in the robbery incident
that took place on the 1st of June, 2019 at Kofar Kade Area, Sokoto
she further submitted that by the decision of the supreme Court in the
case of KIN V. STATE (1992) 4 NWLR pt 233 p. 17 which
enumerated the formal requirements of a voluntary and valid extrajudicial statement, the statements of the Defendants has satisfied all
the requirement rendering the statements admissible in evidence and
urge the Court to so hold and admit them in evidence.
In conclusion, the prosecuting counsel finally submitted that the
prosecuting has discharged the burden placed on it and had proved all
the ingredients of the offences against all the Defendants and convict
the Defendants as charged.
Having considered the submissions of both the defence counsel and
the prosecuting counsel, it is important to state that it is trite law that
in criminal trial, it is the duty of the prosecution, to prove its case
beyond reasonable doubt against a Defendant who is charges with the
allegation of a crime.
- Ajibade V. State (2013) 8 NCC 22
- Smart V. State (2016) LPELR 40827
- Akinlolu V. State (2015) LPELR 25986
This duty upon the prosecution derived its inspiration from the
constitutional provision of presumption of innocent in favour of a
Defendant charged with allegation of commission of crime guaranteed
by Section 36(5) of the CFRN 1999 as amended, and the provisions of
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