EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – Effect where an accused person fails to prove a fact within his exclusive knowledge


“At the trial, the appellant made no efforts to adduce evidence to show that he had licence to possess such a gun or that he was authorized by law to possess the firearms. The burden was on him to establish that such possession was legally permitted, as such was a fact peculiarly within his exclusive knowledge, Taiye v State [2018] 17 NWLR (pt. 1647] 115; Bille v State [2016] 15 NWLR (pt. 1536) 363; State v Oladotun [2011] 10 NWLR (pt. 1256) 542. Having failed to prove so at trial, I am of the firm view that the trial Court rightly held that the offence of illegal possession of firearms was proved against him and convicted him accordingly.” Per CHIMA CENTUS NWEZE, JSC (Pp 15 – 15; Paras A – D)

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