LEGAL PRINCIPLE: CRIMINAL LAW – Proof by Circumstantial Evidence – Inference from Absence of Explanation
PRINCIPLE STATEMENT
Where the accused was last seen with the deceased and no explanation is forthcoming for the deceased's death, the circumstantial evidence points to no other person than the accused.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Adepetu v. State (1998) NLC-1761997(SC) at p. 10; Para A.
"The facts before the court, which I have accepted requires and called for explanation from the accused where he took the deceased from the hotel for about three hours before he later came back to the hotel alone to drive away his vehicle. No explanation is forthcoming from the accused. The circumstantial evidence before the court points to no other person that could have murdered than the accused."
EXPLANATION / SCOPE
The “last seen” doctrine allows inference of guilt. The accused must explain the circumstances. Failure to explain strengthens the prosecution’s case. The principle applies to homicide cases. The court may convict on circumstantial evidence if compelling. The rule is based on the accused’s knowledge. The principle protects against unexplained deaths. The court will consider the totality of evidence.