LEGAL PRINCIPLE: EVIDENCE LAW — Prima Facie Case — Suspicion Distinguished from Prima Facie Evidence
PRINCIPLE STATEMENT
Suspicion, however well placed, does not amount to prima facie evidence. More facts than are in the printed record will be needed to nail the appellant to being required to explain.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC (as adopted by Kalgo, JSC), in Abacha v. The State (2002) 11 NWLR (Pt. 779) 437 at 499; (as cited in Ohwovoriole v. FRN & Ors (2003) NLC-3922001(SC) at p. 11; Paras B–D).
"Suspicion, however well placed, does not amount to prima facie evidence, more facts than are now in the printed record will be needed to nail the appellant to his being required to explain."
EXPLANATION / SCOPE
Suspicion is not evidence. A prima facie case requires facts, not speculation. The principle applies to criminal procedure. The accused cannot be compelled to explain on suspicion alone. The rule protects the presumption of innocence. The principle is well-established.