7
acceptable. It has been accepted without question that
the Judges and sage of the law have laid it down that
there is but one general rule of evidence, the best that the
nature of the case will allow" See Omyehund v. Barker
(1745) 1 Atkin 21 at p.49. Hence, it has always been
accepted that where direct evidence of eye witnesses is
not available, the Court may infer from the facts proved
the existence of other facts that may logically tend to
prove the guilt of an accused person. See ldowu v. State
(1998) 11 NWLR (Pt. 574) 354 SC. Section 149 of the
Evidence Act enables the Court to draw inferences from
established facts bearing in mind the common course of
natural events. Often times circumstantial evidence is all
that is available on points on which direct evidence would
ordinarily be required. "
It is trite that drcumstantial evidence is very often the best
evidence . It is the evidence of surrounding circumstances which by
un-designed coincidence is capable of proving a proposition with
the accuracy of mathematics. It is no derogation of evidence to say
that it is circumstantial. "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. Joseph commanded the steward of his house, "put my
cup, the silver cup, in the sack's mouth of the youngest", and when
the cup was found there, Benjamin 's brethren too hastily assumed
that he must have stolen it. It is also necessary before drawing the
inference of the accused 's guilt from circumstantial evidence to be
sure that there are no other co-existing circumstances which would
weaken or destroy the inference." In STEPHEN UKORAH VS.
THE STATE (1977) 4 S. C. 167 at 174, 176-177, IDIGBE, J. S. C.
(as he then was) quoting with approval a passage from Emperor v
Browning 39 I. C. 3~3 , stated :-
"ln a case in which there is no direct evidence
against the prisoner but only the kind of evidence
that is called circumstantial, you have a two fold
task,· you must first make up your minds as to
what portio(Js of the circumstantial evidence have
been established,· and then when you have that
quite clear, : you must ask yourselves is this
sufficient proof? It is not sufficient to say "If the
accused is not the murderer, I know of no one
I
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