“On Tuesday 31/3/2020 at about 11:00pm,
I was at Kwanberu junction going home
opposite the house of late Alhaji Tore, I heard
someone has cut me with a cutlass at my back.
I then hugged him and two of us fell down on
the ground.”
Linking the foregoing portion of the defendant’s
statement with the evidence of PW1 and PW2, one
can logically draw inference that the pool of blood in
which the deceased was found lying on the ground as
disclosed by the evidence of PW1 and PW2, was
nothing but the result of the level of use of the cutlass
against the body of the deceased by the defendant and
those in his company during the incident which later
resulted to the death of the deceased.
In the case of Adebayo V. State (2007) ALL FWLR
pt 365 p 498 at 519, the status of circumstantial
evidence was explicitly stated in the following words:“Circumstantial 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 fact
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...”
The circumstances disclosed by the evidence of PW1
and PW2 read together with the foregoing portion of
the defendant’s statement, is incompatible with the
innocence of the defendant with regards to his
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