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.
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