the guilt of the accused. See CHIANUGO v STATE (2002) 2 NWLR
(Pt 750) 225.
It is also trite that the standard of proof in a criminal trial is proof
beyond reasonable doubt; this means that it is not enough for the
prosecution to suspect a person of having committed a criminal
offence.
There must be evidence, which identified the person
accused with the offence and that it was his act, which caused
the offence. See AIGBADION v STATE (2000) 4 SC (Pt 1) 1 at 15.
Now, the PW1 Mr. David Dauda, the IPO in his evidence-in-chief
stated that on the 9/5/14, a complainant by name Peter
Nnaemeka (PW2) and one Suleman Saddiq came to the police
headquarters and alleged that on the 9/5/14 that the accused
person was caught having sexual intercourse with his biological
daughter (PW3) inside their living room at Ado Dutse, Abuja and
when he requested from the complainant to know how they
came about the accused having sexual intercourse with his
daughter, the PW2 informed him that one of the accused person’s
son (DW3) was about to enter the room when he discovered that
the door was locked from the inside and he knocked but they
could not open the door until after sometimes.
Mr. Peter Nnaemeka who was one of the complainant, in his
evidence-in-chief, as PW2 stated that they were informed about
the accused daughter’s complaint of indecency.
Under cross-examination of PW2, he stated thus:
“My wife didn’t tell me that she saw the accused having
sexual intercourse with his daughter.
I didn’t see the
accused sleeping with his daughter”... “It is the people living
21
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