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DEFENCE - EFFECT OF WHEN A PROSECUTION PROVES THE DEFENCE OF AN ACCUSED PERSON AS PART OF ITS CASE

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"The law does not obligate the prosecution to prove the defence available to the accused. That is why when the prosecution, while purporting to prove their case, prove the defence of the accused as part of the prosecution’s case; it has been held, in Paul Ameh v The State (1978)NSCC 368that where in a criminal proceeding the prosecution put before the trial court two versions of one incidence, one proving the allegation and the other the defence, they would have thereby failed to prove their case beyond reasonable doubt.  See also Boy Muka v. The State(1976) 10 SC 305; Alfred Onyemena v The State(1974) All NLR 522.

PER E. EKO, J.S.C IN THE CASE OF AKINYEDE OLAIYA V THE STATE;LEGALPEDIA CITATION: LER[2017]SC.562/2014



   
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