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CIRCUMSTANTIAL EVIDENCE MUST BE NARROWLY EXAMINED

Dictum

In R v. Teper (1952) AC 480 at 489, it was held: “Circumstantial evidence may sometimes be conclusive, but it must always be narrowly examined, if only because evidence of this kind may be fabricated to cast suspicion on another… It is also necessary before drawing the inference of the accused guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference.”

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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 THAT IS CAPABLE OF TWO INTERPRETATIONS CANNOT BE RELIED UPON

Oguntade, JSC while allowing the appeal in Cyriacus Ogidi v. State Ors. (2005) LPELR-2303 (A) (SC); (2005) 5 NWLR (Pt. 918) 286 Estated at page 30 as follows: “In the State v. Muhtari Kura (1975) 2 SC 83 and 89, this court decided that when circumstantial evidence is capable of two possible interpretations, one against...

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CIRCUMSTANTIAL EVIDENCE IS OFTEN THE BEST EVIDENCE

It is conceded that circumstantial evidence is very often the best evidence. It is said to be evidence of surrounding circumstances which by undesigned coincidence is capable of proving a proposition with the accuracy of mathematics. It is no derogation of evidence to say that it is circumstantial. – Nnamani JSC. Lori v. State (1980)...

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WHERE NO DIRECT EVIDENCE, COURT WILL USE CIRCUMSTANTIAL EVIDENCE

It is trite law that where, as in the present case, no direct evidence of an eyewitness to the commission of an offence is available, the court may infer from the facts proved the existence of other facts which logically and conclusively establish the guilt of the accused person beyond reasonable doubt. See Adepetu v....

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COURTS ACCEPT CIRCUMSTANTIAL EVIDENCE IN PROOF OF FACTS

The provisions of Section 149 of the Evidence Act enable a Court to accept circumstantial evidence in proof of facts in issue and in particular on proof of cause of death in criminal cases. This has become necessary because in criminal matters, the possibility of always proving the offence charged by direct and positive testimony...

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