The standard of proof required in a murder case as in all criminal cases is proof beyond reasonable doubt. The onus of proof is on the prosecution and not on the defence. It is after the prosecution has produced necessary evidence to establish its case that the burden shifts unto the defence if he has any contradicting evidence to call his own witness to establish such evidence.
– OMOBONIKE IGE, J.C.A. Etumionu v. AG Delta State (1994)
SHARE ON
There is no doubt whatsoever that from the conflicting evidence adduced by the prosecution as to how the deceased was killed, strong doubt had been raised from the evidence which the law requires to be resolved in favour of the appellant.
— M. Mohammed, JSC. Udosen v State (2007) – SC.199/2005
A fortiori, by virtue of Section 138(1) of the Evidence Act, if the commission of an offence by a party is directly in issue in any criminal or civil proceeding, it must be proved beyond reasonable doubt.
– Saulawa, JSC. Makanjuola v. State (2021)
The basic necessity before a verdict of guilty in a criminal charge can be pronounced is that the jury are satisfied of the guilt of the accused beyond all reasonable doubt.
– Nnamani JSC. Lori v. State (1980)
It is a settled principle of law that in criminal proceedings the prosecution must establish the guilt of the accused person beyond reasonable doubt. It is also well settled that proof beyond reasonable doubt does not mean proof beyond the shadow of a doubt or beyond any iota of doubt. If the prosecution has led evidence that is cogent, credible and compelling, which points irresistibly to the guilt of the accused, it would have discharged the burden. Proof beyond reasonable doubt depends not on the quantity of witnesses for the prosecution but upon the quality of the evidence given.
— K.M.O. Kekere-Ekun, JSC. State v Sani Ibrahim (2019) – SC.1097/2016
Dibie v. The State (2007) LPELR 941 (SC) said thus: “Proof beyond reasonable doubt does not mean proof beyond every shadow of doubt. Once the proof drowns the presumption of innocence of the accused, the Court is entitled to convict him, although there exist shadows of doubt. The moment the proof by prosecution renders the presumption of innocence on the part of the accused useless and pins him down as the owner of the mens rea or actus rea or both, the prosecution has discharged the burden placed on it by Section 138(3) of the Evidence Act”.
Lord Denning explained proof beyond reasonable doubt in Miller v Minister of Pensions (1947) 2 ALL ER p.372 and this explanation was adopted by this Court in Lori & Anor v State (1979-1981) 12 NSC p.269 and in innumerable decisions of this Court. His Lordship said: “Proof beyond reasonable doubt does not mean proof beyond the shadow of doubt. The law would fail to protect the community if it admitted of fanciful possibilities to deflect the course of justice. If the evidence is so strong against a man as to leave only a remote possibility in his favour which can be dismissed with the sentence of course it is possible but not in the least probable the case is proved beyond reasonable doubt but nothing short of that will suffice.”
– Rhodes-Vivour, JSC. Nwankwoala v FRN (2018) – SC.783/2015
Click the icons to like, follow, and join JPoetry