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BURDEN OF PROOF IN CRIMINAL TRIAL

Dictum

In Ngorka v. A.-G., Imo State (2026) 13 NWLR (Pt. 2056) 1 at 26, E—F per Abiru JSC, ‘It is settled in ourjurisprudence that the burden of proving that any person hascommitted a crime or a wrongful act rests on the person whoasserts it. Where the commission of crime by a party is in issue inany proceedings, it must be proved beyond reasonable doubt. Indischarging the burden, all the essential ingredients of the crimealleged must be proved beyond reasonable doubt. The burden nevershifts. Therefore, if in a criminal trial, on the whole of the evidencebefore it, the court is left in a state of doubt the prosecution wouldhave failed to discharge the burden of proof which the law laysupon it and the defendant will be entitled to an acquittal’.

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