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CIRCUMSTANTIAL EVIDENCE MUST BE IRRITABLE

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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 to lead irresistibly to the guilt of the appellant is not complete in this case. It may well be helpful to remind ourselves what circumstantial evidence is – Circumstantial evidence is as good as, sometimes better than any other sort of evidence, and what is meant by it is that there is a number of circumstances which are accepted so as to make a complete unbroken chain of evidence. If that is established to the satisfaction of the jury, they may well and properly act upon such circumstantial evidence.

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

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THE CIRCUMSTANTIAL EVIDENCE CAPABLE OF LEADING TO A CONVICTION

But the circumstantial evidence sufficient to support a conviction in a criminal trial, especially murder, must be cogent, complete and unequivocal. It must be compelling and must 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.

– Nnamani JSC. Lori v. State (1980)

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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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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

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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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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 NARROWLY EXAMINED

In R v. Teper (1952) AC 480 at 489, it was held: “Circumstantial evidence may sometimes be conclusive, but it must always be narrowly examined, if only because evidence of this kind may be fabricated to cast suspicion on another… It is also necessary before drawing the inference of the accused guilt from circumstantial evidence to be sure that there are no other co-existing circumstances which would weaken or destroy the inference.”

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