AN APPRAISAL OF THE RELEVANCE OF CIRCUMSTANTIAL EVIDENCE IN CRIMINAL PROCEEDINGS

Abstract

This study looks at circumstantial evidence in criminal proceedings in Nigeria with utmost concern in civil and criminal cases where direct evidence is actually lacking or wanting. A popular misconception is that circumstantial evidence is less valid or less important than direct evidence. Therefore, the frequent use of circumstantial evidence in criminal proceedings demonstrates the fact that it is readily available than direct evidence. Circumstantial evidence is evidence not of the facts in issue, but of the other fact from which the fact in issue can be inferred. Thus, this research work appraises the utility of circumstantial evidence in criminal proceedings in Nigeria. This study deals with the presumption of the law based on the doctrine of �last seen� to the effect that the last person to have been seen with the deceased bears full responsibility for his death. This doctrine also gives credence to the usefulness of circumstantial evidence, especially in criminal proceedings in Nigeria. The research finds t hat circumstantial evidence will continue to be pertinent in fact finding and decision making by the court and based on the findings the research recommends that the court should take great care not to cast suspicion on innocent person thereby conviction them based on circumstantial evidence . The research therefore concludes that it is only a cogent and compelling circumstantial evidence that the court should rely on in arriving at a decision that could be described as fair and just in all situations where circumstantial evidence must be resorted to. �

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urn:uuid:fdd5d464-4305-4912-8e5e-f32c803cf28a