5 so will amount to a mere academic exercise in futility. This trial must therefore be brought to an end at this stage. Having held that the prosecution has failed to establish a vital element of the offence under charge, a doubt automatically arises whether or not the offence was committed by the accused. It is trite that once there is a doubt in criminal matters, such doubts must be resolved in favor of the accused. I shall accordingly resolve this doubt in favor of the accused herein and in doing so I shall find him not guilty of the offence charged. In view of the above, I have no other option than to proceed with the acquittal of the accused. The accused person SAIKOU AMADOU JALLOW is accordingly discharged and acquitted. EMMANUEL A. NKEA JUDGE DPP: My Lord, as a matter of policy, we are giving oral notice of our intention to appeal the acquittal of the accused. We rely on Section 285E of the Criminal Procedure Code. Mrs. GBUJI: My Lord, we rely under Section 285E (2) of the same law cited by my learned friend to apply for bail and urge the Court to make the necessary orders pursuant to Section 285E (4) of the Criminal Procedure Code.