By the established principles of criminal justice, it is trite law that in
criminal trial it is the responsibility of the prosecution to prove its case
beyond reasonable doubt against the defendants who is alleged to have
committed a crime.
- Ajibade V State {2013}8ncc 221
- Smart V. State {2016} LPELR 40827
- Akinola V. State {2015} LPELR 25986
The rationale behind this duty upon the prosecution, is derived from
the constitutional presumptions of innocence of a defendant alleged to
have committed a crime as guaranteed by the provisions of section
36(5) of the constitution of the Federal Republic of Nigeria 1999 as
amended.
As to the offence of criminal conspiracy which is the 1st count charge,
apparently both counsel in their respective written addresses, submitted
that there is no evidence of agreement by the defendants from which
an inference can be drawn that the defendants agree to do an illegal
act, or a legal act by illegal means. As according to them, there is
nothing in the body of the evidence showing that the defendants have a
common intention to commit any crime. They therefore submitted that
the prosecution has failed to prove the allegation of criminal
conspiracy against the defendants and urge the court to acquit the
defendants and discharge them.
The prosecution on the other hand, submitted that as to the offence of
conspiracy, exhibits A, A1, B, B1, C and C1 which are the statement of
the defendants shows that there was an agreement by the defendants
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