THE STATE V AYIM SHAIBU ODOMO (2018)

THE STATE V AYIM SHAIBU ODOMO

(2018) LCN/4564(SC)

In the Supreme Court of Nigeria

Friday, December 14, 2018


Case Number: SC. 113/2016

 

JUSTICES:

OLABODE RHODES-VIVOUR

MARY UKAEGO PETER-ODILI

EJEMBI EKO

PAUL ADAMU GALINJE

SIDI DAUDA BAGE

 

APPELLANTS

THE STATE

RESPONDENTS

AYIMI SHAIBU ODOMO

 

RATIO

WHAT IS THE STANDARD OF PROOF IN CRIMINAL CASES

“In the light of these two differently contending positions on either side one is reminded of the provisions of section 135 of the Evidence Act, 2011 which is as follows: 135(1) “If the commission of a crime by a party to any proceeding is directly in issue in any proceeding civil or criminal, it must be proved beyond reasonable doubt. This onus of proof rests on the prosecution, is static and does not shift. See Onafowokan v State (1987) LPELR-2666 (SC). As a follow up is the reiteration that the standard of proof in criminal cases such as the one under discourse is proof beyond reasonable doubt and does not admit of proof beyond shadow of all doubts. See Adebesin v State (2014) LPELR- 22694 (SC) per Ogunbiyi JSC.”

HOW TO PROOF THE GUILT OF AN ACCUSED PERSON

“To be clear, it needs be said that there is no evidential duty upon an accused to purge himself of guilt in all stages of the criminal trial except in a few limited circumstances which are absent in the case at hand such as the accused raising the defence of insanity. See Osuagwu v State (2016) LPELR – 40836 (SC).”

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