opportunity of Knowledge with respect to the fact proved which
may be possessed by the parties respectively.”
Thus,
by
the
above
provision,
in
a
criminal
trial,
the
prosecution must prove its case against the Defendant beyond
reasonable doubt. And proof beyond
reasonable doubt had
been explained by the Court of Appeal in the case of
ADEYEME PEDRO V THE STATE (2015) LPELR 2457, Akure
Judicial Division thus:“Proof beyond reasonable doubt does not mean proof beyond
shadow of doubt. Therefore, if the evidence adduced by the
prosecution is so strong against an accused person as to leave
only a remote possibility in his favour which can be dismissed
with the sentence “of course it is possible but not in the least
probable; the case is proved beyond reasonable doubt, but
nothing short of this will do.”
See also AGBO V STATE, (2006) 6 NWLR (pt977) page
545,
NWATURUOCHA
V
THE
STATE
(2011)6
NWLR
(pt1242) page 170 and FRIDAY SMART V THE STATE,
(2016) LPELR 40827 (SC).
Having said the above, I will now consider counts 1 and 3 for
the offences of making false statement contrary to Section
25(1) (a) of the Act and impersonation contrary to section 132
of the Penal Code Cap 532 Laws of the Federal Capital
29