1. EVIDENCE - BURDEN OF PROOF/ONUS OF PROOF: Burden of proof in a charge
of rape of a minor

"If the Appellant contends that he reasonably believed that the child was of the
age of 18 years and above, he had the onus to place before the Court facts which
would enable the Court determine whether or not his belief was reasonable or
unreasonable. Whatever conduct the prosecutrix exhibited which formed the
basis of his belief cannot stand in view of the evidence before the Court. The
Appellant, was her teacher but did not bother to investigate whether or not she
was of the required age of consent. He was consumed with passion for the
girl/child and therefore behaved relecklessly and wickedly. The result is that, the
learned trial Judge found his believe to be unreasonable. I also hold that the
Appellant failed to adduce credible evidence in support of his defence under
Section 32(4) of the Child Rights Law of Ogun State. The prosecution only had the
burden of adducing evidence to show that the prosecutrix was below the age of
eighteen and that the Appellant had sexual intercourse with her. The burden
would then shift to the Appellant to prove that he had reason to believe that she
was eighteen (18) years or above. The Appellant failed to discharge that burden.
See Phillips v. Eba Odan Commercial & Industrial Co. Ltd (2013) 1 NWLR (pt.1336)
618 and Okubuke v. Oyagbola (1990) 4 NWLR (pt.147) 723." Per TSAMMANI,
J.C.A. (Pp. 17-18, Paras. B-C) (...read in context)

standard of proof in criminal cases

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