The prosecution counsel filed a 35-page final written
address which was duly adopted dated 12/3/18 wherein
counsel distilled a lone issue for determination, thus:
“Whether the prosecution has proved the essential
ingredients/elements of the offences alleged against
the Defendant beyond reasonable doubt to warrant
him being found guilty and consequently convicted”
On this sole issue, it is the submission that in criminal case
the burden of proof is on the prosecution and the
standard of proof is beyond reasonable doubt.
See
Section 135 – 138(1) Evidence Act and the case of
AFOLALU v STATE (2010) 10 NWLR (Pt 1220) 584.
It is submitted that the 4 counts charge against the
Defendant are similar bothering on corruptly accepting
various gifts from Societe D’ Equipments Internationaux
Nigeria Limited (SEI).
It is the further submitted that the prosecution led
evidence through PW1 to show that SEI Nig. Ltd did supply
some military equipment to the NAF as in Exhibit L. Also
the PW2 led evidence that the Range Rover, subject of
Count 1 was partly paid for by Himma Abubakar. Court is
referred to the extra judicial statement of the Defendant
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