“Circumstancial evidence is a series of circumstances
leading to the inference or conclusion of guilt when
direct evidence is not available. Evidence which although
not directly establishing the existence of facts required
to be proved, is admissible as making the facts in issue
probable by reason of its connection with or in relation
to the extent that it is sometimes regarded as of higher
value than direct evidence, which may or can be perjured
or mistaken.”
Furthermore the Supreme Court per Ikechi Francis Ogbuagu
JSC in the case of Jua V. State {2010} 43 WRN 1 at 39 held
thus:“The circumstancial evidence that will meet the
requirement of onus proof in criminal cases, is the
evidence that fixes the accused to the crime with
sufficient cogency and excludes the possibility that
someone else had committed the crime.”
- Pius V. State {2019} Vol. 22 WRN 105
- Fatoyinbo V. AG Western Nigeria {1966} NMLR 4
- Akpan V. State {2001} 53 WRN 1
- Ukorah V. State {1980} 1-2 SC 116
It is the humble view of this court that the evidence of PW4
and PW5 against the 3rd defendant are positive and point
irresistibly to the 3rd defendant in connection with the
offence of illegal possession of firearms. The evidence is
incompatible with the innocence of the 3rd defendant in
relation to the 3rd count charges as well as incompatible with
the innocence of the 1st and 2nd defendants in relation to the
1st and 2nd counts charges.
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