![]() ![]() See: Section 135 of the Evidence Act, 2011 Ikpo vs. ![]() It is also trite that the standard of proof in criminal proceedings is proof beyond reasonable doubt but not proof beyond the shadow of a doubt. In other words, there is no burden on the accused person to prove his innocence. “There is no doubt that in criminal proceedings the onus of proof lies on the prosecution throughout the trial and does not shift. State (2018) LPELR-43906 (SC), the apex court per Kekere-Ekun, JSC at pages 24-25 held: The duty is squarely on the shoulder of the Respondent to prove all the ingredients of the offence to secure conviction. This is because, there is the presumption of innocence in favour of the Defendant as he has no obligation in law to prove his innocence. This burden does not shift if the Respondent must secure conviction. It is that in criminal cases, the burden is entirely on the prosecution to prove the guilt of the Defendant.
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