the offences alleged against them as shown by their respective
statements, the burden of proving the guilt of the defendants beyond
reasonable doubt, is on the prosecution as it is always desirable to have
some evidence outside the confessional statement of a defendant which
will make the confession probable and true.
- Emmanuel V State (1994) 5SCNJ P 88 at 96
- Alarape V. State {2006} 5 LRCNCC 375
- Afolabi V. State {2014} 9 NCC 375
He argued that looking at the evidence of PW1-PW3, there is nothing
outside their statements that links than to the commission of the offences
alleged against them and so the case of the prosecution against the
defendants, is based on suspicion and suspicion however strong cannot
lead to conviction.
- Shehu V. State {2012} 10 LRCNCC 173
- Igabele V. State {2006} 5LRCNCC 30
He further contended that the prosecution did not tender the motorcycle
in evidence before the court nor where the arresting officers called to
give evidence.
In paragraph 4.10 of their adopted written address, the defence counsel
further contended the 2 iron rods admitted as exhibits A and A1
tendered through PW1, was not linked to any of the defendants and as
such, urged the court to discountenanced with them.
It was his submission that PW3 through whom the statement of the 3 rd
defendant was tendered and admitted, did not lay any foundation as to
why Sgt. James Danjuma who recorded the statement could not be in
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