"The constitutional provision on the presumption of innocence of an accused person is sacrosanct and settled. The burden is always on the prosecution to prove the guilt of the accused and not his business to prove his innocence. 

He can decide to keep mute from beginning of the trial right through to the end. 
It is for the prosecution to make out a prima facie case against the accused through credible evidence which must be laid bare before the court. It is the proof of hard facts that would lead to the conviction of the accused. 

Without any case made out against the accused, he cannot be called upon to enter his defence because in doing otherwise would undermine the constitutional presumption of innocence."

PER C. B. OGUNBIYI, J.S.C IN THE CASE OF COMMISSIONER OF POLICE V. MR. EMMANUEL AMUTA, LER (2016)SC. 117/2012