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.”
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 of eye-witnesses is rare. It is therefore permitted under the provisions of the section to infer from facts proved, the other facts necessary to complete the elements of guilt or establish innocence.
– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05