In FEMI FALANA & ANOR V REPUBLIC OF BENIN & 2 ORS (2012) ECW/CCJ/JUD/02/12 PG. 34, the court held that: “As always, the onus of proof is on a party who asserts a fact and who will fail if that fact fails to attain that standard of proof that will persuade the court to believe the statement of the claim”. Vide SIKIRU ALADE VS FEDERAL REPUBLIC OF NIGERIA (2012) ECW/CCJ/JUD/10/12. PARA 48.
BURDEN OF PROOF IS ON PROSECUTION TO ESTABLISH MURDER
It is however settled law that it is the duty of the prosecution to establish or prove the charge/case against an accused person. In other words, it is the prosecution that bears the burden of proving the guilt of the accused person. For the court to come to the conclusion that the prosecution has discharged...