LEGAL PRINCIPLE: CRIMINAL LAW — Trial of Co-Accused Persons — Effect of Acquittal of Co-Accused Where Evidence Is Inextricably Interwoven
PRINCIPLE STATEMENT
Where two or more persons are charged with an offence and the evidence against all accused persons is the same or similar to the extent that it is inextricably woven around all, the discharge of one must as a matter of law affect the discharge of the others.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ebri v. State (2004) NLC-332003(SC) at pp. 7–8; Paras E–A.
"The position of the law is that where two or more persons are charged with the commission of an offence, and the evidence against all the accused persons is the same or similar, to the extent that the evidence is inextricably woven around all the accused persons, the discharge of one must as a matter of law, affect the discharge of the others. This is because if one or more of the accused persons is discharged for want of convicting evidence that must automatically affect all the others in the light of the fact that the evidence against all the accused persons is tied together, like siamese twins at the umbilical cord with their mother."
EXPLANATION / SCOPE
Inextricably woven evidence against co-accused requires consistent verdicts. The principle applies to criminal trials. Acquittal of one based on insufficient evidence compels acquittal of others. The rule prevents inconsistent verdicts. The prosecution must sever evidence if seeking different outcomes. The principle is well-established.
