that the prosecution has discharged the burden placed on it
by law; it must be satisfied that the proof is beyond
reasonable doubt”
When is a criminal case proved beyond reasonable doubt? See
IWUNZE v F.R.N. (2013) 1 NWLR (Pt 1334) Pg 119 where the court
held as follows:
“Commission of crime is proved beyond reasonable doubt
when the evidence against the accused is strong and
cogent enough as to leave only a remote probability in his
favour that can be dismissed with the sentence “of course it
is possible, but not in the least probable” that he committed
the offence. Afterall proof beyond reasonable doubt is not
proof beyond all shadow of doubt”
The prosecutor insisted that if the accused is found guilty of the
five count charge, the court must impose the maximum sentence
provided by law under the Advance Fee Fraud and Other
Related Offences Act No. 14 of 2006. The minimum sentence is 7
years imprisonment without an option of fine; the court does not
agree with the submission of the prosecutor in the face of many
decided authorities. See the Supreme Court case of AMOSHIMA v
THE STATE (2011) 14 NWLR (Pt 1268) P 530 where the court held as
follows:
“Where the sentence prescribed upon conviction in a
criminal charge is a term of years of imprisonment, then
estimating factors such as the age of the convict, whether he
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