The prosecuting counsel finally submitted that from the
totality of the evidence adduced, the prosecution has proved
its case beyond reasonable doubt against the defendant and
urge the court to convict them as charged.
Let me start by saying that in our adversarial system of
criminal justice its trite law that the prosecution has a duty to
prove its case beyond reasonable against a defendant who is
charged with the allegation of committing a crime.
- Ajibade V. State (2013) 8 NCC 221.
- Smart V. State (2016) LPELR 40827.
- Akinlola V. State (2015) LPELR 25986.
This duty which has been imposed upon the prosecution
stems out of the compelling constitutional presumption of
innocence in favour of the defendant inherent in our criminal
justice system as guaranteed by Section 36 of the Constitution
of the federal Republic of Nigeria 1999 as amended.
- Bakare V. State (1987) 1 NWLR Pt 52 P 579 at 588
- Oden V. FRN (2005) 1 NCC 303 at 327
- Ahmed V. state (1999) 7 NWLR PT 012 P 641
- Section 138 of the Evidence Act, 2011 as amended.
The facts of this case as revealed by the two (2) counts
charges are that the defendant some time in October, 2020 at
Kalmalu Village in Illela Local Government Area of Sokoto
state conspired along with others who now at large and
armed themselves with guns and went to Masalata Village in
Niger Republic and kidnapped one Phillips Nathan Walton
and brought him to Kalmalu Village of IIlela LGA and
demanded for ransom using a mobile phone number
09150266355.
Page 6 of 13