adduced enough evidence to show that the accused is guilty of the offence of murder charged Nasiru Vs.
State (1999) 2 NWLR Pt.589 page 87, Imhanria vs. Nigerian Army (2007) 14 NWLR pt.1053 page 78.
The prosecution has proved this charge beyond reasonable doubt. This issue is also resolved against the
Appellant.
All the four (4) issues articulated by the Appellant have all been resolved against him. This appeal is
unmeritorious. It is dismissed. The judgment, conviction and sentence of the Lower Court is affirmed.
MOHAMMED LAWAL GARBA, J.C.A.: I have read in draft, the lead judgment just delivered by my learned
brother Uzo I. N. Ndukwe-Anyanwu, JCA, in this appeal and agree with the resolutions of the issues
considered therein. For the reasons set out in the lead judgment, I also find that the Respondent has
proved the offence with which the Appellant was charged, beyond reasonable doubt, as required by the
law. I would emphasise that requirement of proof beyond reasonable doubt does not mean proof
beyond all or every shadow of doubt, both reasonable and unreasonable in the peculiar circumstances
of a case. It simply means that there is sufficient, admissible and credible evidence that all the essential
ingredients or elements constituting the offence an accused was charged with, were established, that
would justify the conviction of the accused person by the court. See Jua v State (2010) 43 WRN 1 at 24-5
(10) 4 NWLR (1184) 217; Amah v State (1978) 6-7 SC.27; Afolalu v. State (2010) 6-7 MJSC, 187.
No reasonable doubt, howsoever, was left by the evidence before the High Court that the Appellant,
indeed and in law, committed the offence he was charged with, even if some procedural rules were not
strictly complied with in the admission of some of the pieces of evidence. I join in dismissing the appeal
and affirming the conviction and sentence of the Appellant by the High Court.
CHIMA CENTUS NWEZE, J.C.A.: My Lord, Uzo I. Ndukwe-Anyanwu, JCA, obliged me with the draft of the
leading judgment just delivered now. I am persuaded by the reasoning and conclusion. I abide by the
consequential orders in the said leading judgment.
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