There are three modes of establishing the guilt of a Defendant" These are
(a) Direct evidence (b) circumstantial evidence (c) confessional statement. See
the case of Abirifom V. The state (2013) 224 LRCN 1 at 5. See also Samson
Emeka V. The state (2012) I ACLR 401 a|421.
The burden of proof in this instant case rests with the prosecution, and, the
prosecution must prove every ingredient of the offences as contained in the
charge beyond reasonable doubt. The case of Obriki Kingsley. V. The State
(2010) 6 NWLR (Pt. 1191) 593 at 601 610 refers. See further the case of
Yongo & Anor. V. C.O.P" (1992) 8 NWLR (Pt.257) 36 at 50.
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This Court also agrees and accepts that the prosecution has to prove the
ingredients of encapsulated or stated in the case of Okoroji V. The State, supra,
as cited by the Learned Counsel to the Defendant. This Court also refers to the
case of Dr. Olu Onagoruwa V. The State (1993) 7 FWLR (Pt. 303) 02.
Counts
I
and
ll of the charge deal with the offence of stealing.
Furthermore, issues numbers I and ll, can be conveniently compressed into a
one flowing issue and resolved accordingly. This Court also observes that the
arguments of the Learned Counsel to the Defendant touched on Counts I and ll
together.
From the evidence before this /court, the Defendant worked with PW1 for a
period of six months plus from 11th of April, 2O1g to the 30th of September, 2019,
before she, the Defendant opted for going back to pursue her education in
school. Also, from the evidence, the Defendant was a sale Representative in
charge of phones and accessories, as well as managing the proceeds that
comes from sale of recharge cards, and, then remit the monies so realized to
PW1's account. The evidence of PW1 , PWz, and DW1, the Defendant herself
concur on this. Thereafter, from the evidence, PW1, then requested the
Defendant to do an account reconciliation within two weeks. Before going back to
school.
The evidence of PW1 shows that the Defendant did not do this account
reconciliation despite being given enough time to do so" PW1 stated that the
Defendant claimed she was ill, and, so did not do it, and, after an inordinate
period of time, was forced to go to the police to report.
The Defendant, DW1 in her defence, and, in her testimony before the court
told this Court that she prepared that account herself, presented same to PW1,
who rejected same. Her statement to the police, exhibit C, which was voluntarily
made states at page 2 thereof.
1.4