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

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Dictum

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 and the other in favour of the accused then in that circumstance, there has been no proof beyond reasonable doubt. Circumstantial evidence to support a conviction in a criminal trial, especially murder must be cogent, complete and unequivocal. It must be compelling and must let lead to the irresistible conclusion that the prisoner and no one else is the murderer. The facts must be incompatible with innocence of the accused and incapable of explanation upon any other reasonable hypothesis than that of his guilt. Per Humphrey, J. in R. v. Taylor & 2 Ors. 21 Cr. App. 20.”

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

Speaking of circumstantial evidence, Lord Heward, CJ, said, inter alia: “… 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. It is no derogation of evidence to say that it is circumstantial.” See R v. Taylor & Ors (1928) 21 CAR 20 at 21.

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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 that circumstantial evidence to lead to a conviction must point to one possibility only – that the offence was committed and that it was the accused who committed it. When such evidence is capable of two interpretations one against and the other in favour of the accused, then there is no proof beyond reasonable doubt.

– OMOBONIKE IGE, J.C.A. Etumionu v. AG Delta State (1994)

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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. The State (1998) 9 NWLR (Pt.565) 185. Accordingly, when strong circumstantial evidence is led against an accused person in a criminal trial and this gives rise to the drawing of a presumption or inference irresistibly warranted by such evidence, the criminal court will not hesitate to draw such a presumption or inference so long as it is so cogent and compelling as to convince the jury that on no rational hypothesis other than the inference can the facts be accounted for. See Uwe Idighi Esai and others v. The State (1976) 11 SC 39; Peter Nwachukwu Eze v. The State (1976) 1 SC 125 etc. The onus is on the accused person to rebut the guilt based on circumstantial evidence but this is merely on the basis of preponderance of probabilities. See Michael Peter v. The State (1997) 12 NWLR (Pt.531) 1.

— Iguh, JSC. Adeniji v. State (2001) – SC. 210/1999

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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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