CERTAINTY IS REQUIRED TO CONVICT ON CIRCUMSTANTIAL EVIDENCE

In Majekodunmi v. The Queen 14 W.A.C.A. 64. Foster-Sutton P. (as he then was), dealing with circumstantial evidence stated at p.69 In view of the conflict and discrepancies in the evidence of the prosecution can it be said that the case against the appellant was proved with that certainty which is necessary in order to justify a verdict of guilty? …… Moreoever we are not satisfied that the only inference that can be drawn from the evidence given at the trial is one of guilt……. See also Spiff v. Commissioner of Police 19 N.L.R. 81 and the views of this Court in Stephen Ukorah v. The State (1977) 4S.C. 167 at pp.176 et seq, and Udo Akpan Essien v. The State (1966) N.M.L.R. 229

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CIRCUMSTANTIAL EVIDENCE VS DIRECT EVIDENCE

Circumstantial evidence usually is contrasted with direct evidence. By direct evidence as in this case, there must be the evidence of an eyewitness of the incident of murder. By circumstantial evidence it means indirect evidence or existence of some facts from which an inference of a true fact can be made. It is trite law...

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CAUSE OF DEATH CAN BE INFERRED FROM CIRCUMSTANCES SURROUNDING THE DEATH

In Adamu v. Kano Native Authority (1956) 1 F.S.C. 25 (1956) SCNLR 65 the Federal Supreme Court held that the Court could infer cause of death from the circumstances surrounding the death where there is lack of medical evidence. See also Ayinde v. The State (1972) 3 S.C. 153; Edim v. The State (1972) 4...

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CIRCUMSTANTIAL PIECE OF EVIDENCE MUST BE COGENT, COMPLETE, UNEQUIVOCAL

Pius Nweke v. The State (2001) 84 LRCN 482 at 506, was held: “To secure a conviction in a criminal trial, circumstantial piece or pieces of evidence must be cogent, complete and unequivocal. Such evidence must be too compelling and must lead to the irresistible conclusion that the accused and no one else committed the crime. Indeed, the facts must be incompatible with the innocence of the accused and incapable of explanation upon any other hypothesis than that of his guilt.” See the decision of this Court in Joseph Lori v. The State (1990) 8-11 SC 86 at 87. See also Iyaro v. The State (1988) 1 NWLR (pt.69) 256; Mbenu v. The State (1988) 3 NWLR (pt. 84) 615 at 630; Ukorah v. The State (supra); Adie v. The State (1990) 1-2 SC 11 at 22.

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CIRCUMSTANTIAL EVIDENCE MUST BE IRRITABLE

The ascription of these injuries to the application of a stick, which was not produced, the size of which was not testified to or ascertained, and which was not acknowledged by the doctor P.W.1 as capable of causing the injuries is a serious misapplication of facts and miscarriage of justice. The chain of evidence necessary...

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CIRCUMSTANTIAL EVIDENCE IS OFTEN THE BEST FORM OF EVIDENCE

Lord Hewart, Lord Chief Justice of England observed in P. L. Taylor & Ors. v. R. 21 Cr. App. R20 at p.21: It has been said that the evidence against the applicants is circumstantial: so it is but circumstantial evidence is very often the best. It is evidence of surrounding circumstances which, by undesigned coincidence is capable of proving a proposition with the accuracy of mathematics.

CIRCUMSTANTIAL EVIDENCE MUST BE CAPABLE OF PROVING A PROPOSITION WITH THE ACCURACY OF MATHEMATICS

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CERTAINTY IS REQUIRED TO CONVICT ON CIRCUMSTANTIAL EVIDENCE

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CIRCUMSTANTIAL EVIDENCE VS DIRECT EVIDENCE

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CAUSE OF DEATH CAN BE INFERRED FROM CIRCUMSTANCES SURROUNDING THE DEATH

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CIRCUMSTANTIAL PIECE OF EVIDENCE MUST BE COGENT, COMPLETE, UNEQUIVOCAL

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CIRCUMSTANTIAL EVIDENCE MUST BE IRRITABLE

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CIRCUMSTANTIAL EVIDENCE IS OFTEN THE BEST FORM OF EVIDENCE

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