LEGAL PRINCIPLE: CRIMINAL LAW — Trial of Co-Accused Persons — Conviction Cannot Stand Where Convicting Evidence Is Identical to That Rejected Against Co-Accused
PRINCIPLE STATEMENT
For a conviction to stand against an appellant where a co-accused is acquitted, there must be additional evidence incriminating the appellant. If the convicting evidence is inseparable and identical as between co-accused, all must either fall together or stand together.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ebri v. State (2004) NLC-332003(SC) at p. 10; Paras A–C.
"For purposes of exculpating an appellant from criminal responsibility, conviction and sentence, there must be no additional evidence incriminating the appellant. Putting it in another language, the convicting evidence cannot be untied or separated in respect of the appellant vis-a-vis the co-accused persons. In other words, the evidence is joined together like siamese twins, so much so that all the accused persons must either fall together or stand together."
EXPLANATION / SCOPE
Where evidence against co-accused is identical and inseparable, all must be treated alike. The principle applies to criminal trials. If one is acquitted due to lack of evidence, the others must also be acquitted. The rule ensures consistency. The prosecution must present additional evidence for each accused. The principle is well-established.