- Egboghonome V. State (1993) 7 NWLR pt 306 p 383.
The defence counsel concluded by arguing that since there is no
evidence of penetration, Defendants’ statements cannot constitute
corroboration and finally urge the court to discharged and acquit the
Defendants.
Responding to the defence counsel’s submissions, the prosecuting
counsel submitted in paragraph 3.1 of their adopted written address
that the contents of Exhibit ‘A’ and ‘A1’ which are the Hausa and
English translated versions of the 1st Defendant’s statement, clearly
gave the graphic details of how the 1st and 2nd Defendants agreed
beween themselves for the purpose of committing the Unnatural
Offence. This agreement according to the prosecuting counsel, was
further substantiated by the statement of the 2nd Defendant admitted as
Exhibits ‘B’ and ‘B1’ respectively. The prosecuting counsel in
paragraph 3.2 of their adopted written address, further submitted that
by the contents of the said Defendants’ statements, it has also became
very clear that the Defendants had carnal intercourse with PW2 in
perfection of their evil act.
The prosecuting counsel finally submitted that looking at the nature
and totality of the evidence adduced before this court by the
prosecution, the prosecution has proved its case beyond reasonable
doubt against the Defendants in respect of the two (2) counts charges,
and urge the court to convict the Defendants as charged.
At this juncture, let me start by saying that it is trite law that in all
Criminal trials, it is the responsibility of the prosecution to prove its
case beyond reasonable doubt against the Defendant who is charged
with an allegation of committing a crime.
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