CORRUPT PRACTICES ARE TO BE PROVED BEYOND REASONABLE DOUBT

AN OFFENCE MUST BE PROVED BEYOND REASONABLE DOUBT

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)

GUILT BEYOND REASONABLE DOUBT IS THE BASIC

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)

BURDEN OF PROOF “BEYOND REASONABLE DOUBT” NEVER SHIFTS

It must always be borne in mind and this is settled, that the burden of proving that any person is guilty of a crime, rests on the prosecution. The cardinal principle of law, is that the commission of a crime by a party must be proved beyond reasonable doubt. This is the law laid down in section 138(1) of the Evidence Act. The burden never shifts. Therefore, if on the whole of the evidence, the court is left in a state of doubt (as I am in this instant case leading to this appeal), the prosecution would have failed to discharge the onus of proof which the law lays upon it and the prisoner/accused person, is entitled to an acquittal. See the cases of Alonge v. Inspector-General of Police (1959) 4 FSC 203, (1959) SCNLR 516; Fatoyinbo v. Attorney-General, Western Nigeria (1966) WNLR 4, and The State v. Musa Danjuma (1997) 5 SCNJ 126 at 136-137, 156; (1997) 5 NWLR (Pt. 506) 512.

— Ogbuagu, JSC. Udosen v State (2007) – SC.199/2005

EXPLANATION OF PROOF BEYOND REASONABLE DOUBT

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

PROOF BEYOND REASONABLE DOUBT

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”.