onus in criminal proceedings lies on the prosecution to
prove the guilt of the Defendant and the prove is
beyond reasonable doubt.
He relied on the cases of ORJI V STATE, (2008) 10
NWLR (pt1094) page 31 ONUBOGU V STATE,
(1974) 9 SC1, UDOSEN V STATE, (2005) 8 NWLR
(pt928),
EDET
V
STATE,
(2008)
14
NWLR
(pt1106) page 52 and OMOYELE V STATE (2014)
3 NWLR (pt 1394) page 232 at 236 ratio 2.
In the instant case, the learned Counsel submitted that
the prosecution failed to prove the allegations against
the Defendants beyond reasonable doubt.
On counts 1 and 2 of the charge against the 1st
Defendant, the learned Counsel at paragraphs 3.3 –
3.6 of his final written address submitted that by virtue
of the testimony of PW1 there is no evidence before
the Court that it was the 1st Defendant that called PW1
on phone on the 18th August, 2015. Learned Counsel
referred me to the cross examination and answers
elicited from PW1 wherein PW1 testified that he has
23