proof must be beyond reasonable doubt. See Section 135(1) of the
Evidence Act, 2011 (as amended).
The Defence Counsel in his written address submits that it
becomes imperative for the complainant to discharge the burden of
proving the charge against the defendant beyond reasonable doubt.
That this burden of standard of proves are as exemplified in
Sections 132 and 135(1) of the Evidence Act, 2011. That the import
of these provisions is consistent with the presumption of innocence
which the defendant enjoy by virtue of Section 36(5) of the 1999
Constitution of the Federal Republic of Nigeria (as amended).
It is the submission of the Prosecution Counsel that in any
criminal trial the burden of proof lies on the prosecution beyond
reasonable doubt, but beyond reasonable doubt does not means
beyond all shadow of doubt. Reference was made to the cases of
BEN VS. THE STATE (2005) 1 NCC at P. 270; ASUQUO BASSEY
VS. STATE (2012) 7 NCC P. 477; and Section 135 of the Evidence
Act 2011.
The above submissions are in tandem with the provision of the
law as earlier stated and thus as also provided by the provision of
Section 135(1) of the Evidence Act 2011 (as amended) and I so hold.
In order to secure a conviction for the offence of Culpable
Homicide not punishable with death contrary to Section 194 of the
Sokoto State Penal Code Law 2019, the prosecution is required to
prove the following ingredients:
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