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NATURE OF CIRCUMSTANTIAL EVIDENCE

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“Under our criminal jurisprudence, circumstantial evidence is defined as evidence of surrounding circumstances which by undersigned coincidence is capable of proving a proposition with mathematical exactitude, and that where direct evidence is unavailable, circumstantial evidence which is cogent, compelling and pointing irresistibly and unequivocally to the guilt of the accused is admissible to sustain a conviction. Circumstantial evidence consists of various pieces of evidence which in themselves alone cannot ground conviction, but when put together can constitute a good solid case for the prosecution. Circumstantial evidence is as good as, and sometimes better than any other sort of evidence. See Ukorah v The State (1977) 4 SC (Reprint) page 111 (1977) LPELR 3345 (SC), Peter v The State (1997) 12 NWLR (pt 531) page 1, Adie v The State (1980) 1 – 2 SC page 116 (1980) LPELR – 176 (SC).”

— J.I. Okoro, JSC. State v Ifiok Sunday (2019) – SC.709/2013

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WEAKNESS IN THE CHAIN OF CIRCUMSTANTIAL EVIDENCE CANNOT LEAD TO A CONVICTION

What is a heavy blow? Was it a heavy blow with a fist, a plank, a stick, an iron, a rock, from a falling object, from a car, a motor cycle or what? There is no indication from the evidence on record. The absence of this vital link from the evidence of P.W. 1 goes to show the weakness in the chain of circumstantial evidence, which the learned trial judge regarded as strong. The chain of evidence was therefore not complete to link the crime with the stick allegedly held by the appellant when he decided to pursue the deceased. There is no evidence circumstantial or otherwise, which conclusively established that the injuries, which caused the death, was attributable to the application of the stick. Of course the stick was not described. Was it a big stick, a small stick, a thin stick; was it a strong or weak stick? There was no answer.

— Obaseki, JSC. Adie v. State (1980) – SC24/1978

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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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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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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 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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CAUSE OF DEATH CAN BE INFERRED FROM CIRCUMSTANCES SURROUNDING THE DEATH

In Adamu v. Kano Native Authority (1956) 1 F.S.C. 25 (1956) SCNLR 65 the Federal Supreme Court held that the Court could infer cause of death from the circumstances surrounding the death where there is lack of medical evidence. See also Ayinde v. The State (1972) 3 S.C. 153; Edim v. The State (1972) 4 S.C. 160; and The State v. Edohor (1975) 9-11 S.C. 69 in all these three cases, the body was not even found but this court held in each one that the fact of death was provable by circumstantial evidence. See also Essien v. The State (1984) 3 S.C. 14 where Bellow, J.S.C. (as he then was) observed:- “It is trite law that although medical evidence as to the cause of death is desirable, it is not essential in all cases of homicide. Where medical evidence is not available as to the cause of death, the court may infer the cause of death upon circumstantial evidence adduced before it.”

— Ogundare, JSC. Azu v State (1993) – SC. 131/1992

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