"(See Igbi v. State (2000) 3 NWLR Pg. 192, on the burden and standard of proof on
the prosecution in a trial case). The burden of proofing the guilt of an accused
rests on the prosecution. The standard of proof required of the prosecution to
discharge that burden has been settled as proof beyond reasonable doubt." Per
DONGBAN-MENSEM, J.C.A. (P. 15, Paras. B-D) (...read in context)
3. APPEAL - INTERFERENCE WITH FINDING(S) OF FACT(S): Attitude of appellate
courts to findings of fact made by a lower court
"In the case of Nziwu v. Onuorah (2002) 4 NWLR (Pt. 756) 22 SC states the
attitude of an Appellate Court as ragards findings of fact by a lower Courts. The
Supreme Court will not interfere with the concurrent findings of both the trial
Court and the Court of Appeal except there is established fact of miscarriage of
justice or violations of some principles of law or procedure. Similarly, this Court
will not interfere with the findings of the trial Court with clearly established misapplication of the law on facts which were misconstrued by the trial Court. There
is no miscarriage of justice or any violation at all as the Appellant did not raise any
issue to that effect." Per DONGBAN-MENSEM, J.C.A. (Pp. 14-15, Paras. E-B)
(...read in context)
4. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Circumstances where
the defence of reasonable belief under Section 32(4) of the Child Rights Law of
Ogun State will not avail an accuse person of the offence of rape