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 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.

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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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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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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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CIRCUMSTANTIAL EVIDENCE MUST BE NARROWLY EXAMINED

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CIRCUMSTANTIAL EVIDENCE THAT IS CAPABLE OF TWO INTERPRETATIONS CANNOT BE RELIED UPON

CIRCUMSTANTIAL EVIDENCE IS OFTEN THE BEST FORM OF EVIDENCE

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CIRCUMSTANTIAL PIECE OF EVIDENCE MUST BE COGENT, COMPLETE, UNEQUIVOCAL

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CIRCUMSTANTIAL EVIDENCE MUST BE IRRITABLE

COURTS ACCEPT CIRCUMSTANTIAL EVIDENCE IN PROOF OF FACTS

CIRCUMSTANTIAL EVIDENCE VS DIRECT EVIDENCE