Tuesday, 8 November 2016

Burden of prove in criminal cases.

The burden of proof in criminal cases is solely on the prosecution, it does not shift to  the accused. This is in line with s.36(5) Cfrn 1999 as amended which provides that' any person charged with a criminal offense be presumed Innocent until proven guilty. In case of Okagbue v C.O.P  the court in support of the general rule held that it is not for the accused to prove his innocence. There are however eexceptions to this general rule, they include;
 a.Where the accused raise a defense of exemption or qualification from the provision of the law creating the offense with which he is charged.
 b.Where the onus of proving certain fact is specifically imposed on the accused by statute.
 c.Where special fact are within the knowledge of the accused.
 d.Where this accused raises the defense of intoxication or insanity.
Nevertheless when the prosecution proves the commission of a crime beyond reasonable doubt the burden of proving his innocence shift to the accused.

 Lecture by Barr. Jerry Amadi.

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