entirety, discharge and acquit the Defendant as the
prosecution has not proved any of the ingredients of the
offence against the Defendant as charged.
On the part of the court after a careful consideration of
the testimonies f the prosecution witnesses and the
defence witness, the processes filed and submission of
learned counsel on both sides, I am in one with the
prosecution counsel that the sole issue that calls for
determination is whether the prosecution has proved the
essential ingredients/elements of the offence alleged
against the Defendant beyond reasonable doubt to
warrant
his
being
found
guilty
and
consequently
convicted?
It is trite law that the burden placed on the shoulders of
the prosecution is to prove the guilt of the Defendant
beyond reasonable doubt.
See Section 135 and 138
Evidence Act, Case of BAKARE v STATE (1987) 1 NWLR (Pt
52) 578.
It is not in doubt that the offences upon which the
Defence is brought against the Defendant were all
brought pursuant to the provisions of Section 17(a) and
(c) of the Corrupt Practices and Other Related Offences
Act 2000.
35