Arguing on the offence of robbery, the prosecution counsel submitted
that by the evidence of PW4 which was never controverted or
contradicted as well as the contents of Exhibit G and G1, the
prosecution has proved the offence beyond reasonable doubt and urge
the court to so hold.
On the offence of Grievous Hurt, prosecuting counsel submitted that by
the evidence of PW4, Exhibits A, G and G1 as well as evidence of
PWs 1, 2, 3, 5 and 6 a matchet cut was inflicted on the shoulder of
PW4 by DW3 and finally urge the court to hold that the prosecution
has proved the offence beyond reasonable doubt. He finally concluded
by urging the court to hold that the prosecution has proved its case
beyond reasonable doubt and convict the Defendants as charged.
Let me start by saying that it is trite law that the burden of proof in
Criminal cases, always rest on the prosecution and the standard is
proof beyond reasonable doubt. This is because under our adversarial
system of Criminal justice, a Defendant standing trial for any offence,
is constitutionally presumed to be innocent until he is proved guilty.
- Akinlolu V. State (2015) LPELR 25986.
- Smart V. State (2016) LPELR 40827.
- Ibrahim V. FRN (2016) LPELR 40059.
- Section 36(5) of the CFRN 1999 as amended.
Section 135(1) of the Evidence Act 2011 provides that:“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.”
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