- Nnajiofor V. FRN (2019) 2 NWLR pt 1655 p 162. - Ali V. State (2019) 14 NWLR pt 1692 p 314. The defence counsel finally submitted the prosecution has failed to prove any of the essential elements of the offence of Culpable Homicide not punishable with death, nor did the prosecution lead any evidence to show that the defendant while acting in good faith and in exercise of his right of private defence, exceeded the powers given to him by law and causes the death of the deceased. She then urged the court to discharge and acquit the defendant. Let me start by saying that in our adversarial system of Criminal Justice, it is trite law that in criminal trials it is the exclusive responsibility of the prosecution to prove its case beyond reasonable doubt 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. Akinlolu V. State (2015) LPELR 25986. Ibrahim V. FRN (2016) LPELR 40059. Section 135 (1) of the Evidence Act, 2011 provides as follows:“If the commission of a crime by a party to any proceeding is directly in issue in any proceeding civil or criminal, it must be proved beyond reasonable doubt.” Page 8 of 34