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WHAT REASONABLE DOUBT MEANS IN CRIMINAL TRIAL

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The term “Reasonable doubt” has not been defined in the definitions Section 2 of the Act, but its connotation has received many definitions from judicial authorities. For instance, the very famous and erudite Denning, J (later M.R.) in the case of MILLER V. MINISTER OF PENSIONS (1947) 2 ALL E.R. 372 said that- “It need not reach certainly, but it must carry a high degree of probability. Proof beyond reasonable doubt does not mean proof beyond the shadow of a doubt.” The term is therefore of common law origin and was incorporated in our law of evidence.
In the case of BAKARE V. STATE (1987) 579 @ 587, our own version of Denning, J and equally erudite and eloquent OPUTA, JSC put the requirement of proof beyond reasonable doubt thus:- “Proof beyond reasonable doubt stems out of the competing presumption of innocence inherent in our adversary system of criminal justice. To displace the presumption, the evidence of the prosecution must prove beyond reasonable doubt, not beyond the shadow of doubt that the person accused is guilty of the offence charged. Absolute certainty is impossible in any human adventure including administration of criminal justice. Proof beyond reasonable doubt means what it says. It does not admit of plausible and fanciful possibilities but it does admit of a high degree of cogency consistent with an equally high degree of probabilities.”

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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BETTER FOR TEN GUILTY PERSONS TO GO FREE THAN ONE INNOCENT SHOULD SUFFER

As we indicated in Stephen Ukorah v. The State (1977) 4S. C. 167 there is great need for a trial court to tread cautiously in the application of circumstantial evidence for the conviction of an accused for any offence with which he is charged. The Romans we pointed out, with approval, in Ukorah (Supra at p .177) had a maxim that it is better for a guilty person to go unpunished than for an innocent one to be condemned: and Sir Edward Seymour speaking on a Bill of Attainder in 1696 laid greater emphasis on this maxim when he stated that he would rather “that ten guilty persons should escape than one innocent should suffer.” That also was our view in Ukorah (Supra).

— Idigbe, JSC. Adie v. State (1980) – SC24/1978

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PROOF BEYOND REASONABLE DOUBT DEPENDS ON THE QUALITY OF WITNESSES

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

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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)

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PROOF BEYOND REASONABLE DOUBT DENOTES PROOF TO MORAL CERTAINTY

Invariably, the term proof beyond reasonably as implored in Section 135 of the Evidence Act, denotes proof to moral certainty or standard. Thus, such proof as accords to the conscience of the trial judge as a reasonable Judge, that the crime so charged has indeed been committed by the defendant, thereby leaving no other reasonable conclusion possible.

– I.M.M. Saulawa JSC. Balogun v. FRN (2021)

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BURDEN ON PROSECUTION – STANDARD OF PROOF IS REASONABLE DOUBT

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)

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LORD DENNING’S COMMENT ON REASONABLE DOUBT – ‘FANCIFUL POSSIBILITIES’

Denning , J., (as he then was) stated in Miller v. Minister of Pensions (1947) 2 All ER 372, 373: “does not mean proof beyond the shadow of doubt. The law would fail to protect the community if it admitted of fanciful possibilities to defect 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.”

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