LEGAL PRINCIPLE: CRIMINAL LAW — Proof of Offence — Suspicion Not Sufficient for Conviction
PRINCIPLE STATEMENT
Suspicion, however strong, cannot constitute a crime or ground a conviction.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Obiakor & Anor v. State (2002) NLC-3272001(SC) at p. 12; Paras A–B.
"Suspicion however strong cannot constitute a crime or ground a conviction."
EXPLANATION / SCOPE
Suspicion, no matter how strong, is not proof. The prosecution must prove guilt beyond reasonable doubt. The principle protects against conviction based on speculation. The court must have evidence, not mere suspicion. The rule applies to all criminal cases. The judge must warn the jury or himself against convicting on suspicion. The accused is entitled to acquittal if the prosecution only raises suspicion. The principle is fundamental to criminal justice. The burden of proof remains on the prosecution. The court will not fill gaps in evidence with suspicion. The rule ensures that only proven facts ground conviction.