(iv)
To either an officer of the commission or to any other
public officer;
(v)
In the course of the exercise by such public officer of
the duties of his office.
The question now is whether from the testimonies or evidence
adduced by the prosecution witnesses, the prosecution has
proved the above ingredients against the Defendants in counts 1
and 3 beyond reasonable doubt?
Firstly,
before
I
evaluate
the
evidence
adduced
by
the
prosecution in prove of counts 1 and 3 against the Defendants
and the evidence of the defence as well, I want to categorically
make it clear that to secure a conviction of any Defendant or
before the conviction can take place, the Court of Appeal in the
case of AMINU ADAMU V THE STATE, (2016) LPELR 41174,
Kaduna Judicial Division held.
“The commission of an offence by an accused person can be
proved or established by either of the following:(a)
The confessional statement of the Accused persons; or
(b)
Circumstantial evidence; or
(c)
Evidence of eye witnesses of the crime.
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