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The Law 101: Burden of Proof, Defective Charges, and Constitutional Safeguards -Sedina Christine Tamakloe Attionu v. The Republic (Suit No: H2/17/2026)
The court went further: unless a statute plainly imposes a burden on the accused, she is under no obligation to supply evidence to shore up a prosecution case that has not reached the threshold of proof beyond reasonable doubt.
The Court of Appeal emphasised that a negative allegation does not relieve the prosecution of its duty to prove every element of an offence, nor can an accused person's silence in a trial in absentia be used to plug fatal gaps in the State's case.
The court’s conclusion The Court reaffirmed the most fundamental principle of criminal justice: the burden of proof rests squarely on the prosecution and never shifts to the accused unless a statute expressly says so.
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