pri rna f acie case was made out aga inst t he defendant. On the side of t h e defence , the Dwl who is the defendant d eni es all the charges against 1h im an d 1.\ avowed his innocence . He, on cros s exam inat ion affirmed he has a brother with questionable antecedents who is at large and ma y have been the cu lprit . This is the matter before the court . It is clear that the prosecution reli es on ci rcum stan ti al ev idence and upon proof can secure conviction, for this principle of law I rely on the case of OKA v THE STATE (1975) 9 - 11 SC page 17 . However bef ore a co urt can rely on circumstantial evidence to find an accused person gu ilty, t he facts must be incompatible with the innocence of the accused and incapable of any explanation upon any hypothesis than that of his gu ilt, see the case of CHUKWU v THE STATE (2012) LPELR - 9829 (SC) as held in t he earl ier case of