LEGAL PRINCIPLE: CRIMINAL LAW – Conduct of Accused Person – Lies and Post-Offence Conduct as Corroborative Evidence
PRINCIPLE STATEMENT
It is incumbent on the accused to explain how the deceased who was last seen with him alive came to be dead. Lies and post-offence conduct corroborate and strengthen the prosecution's case rather than derogate from it.
RATIO DECIDENDI (SOURCE)
Per Salami, JCA (as then was), adopted by the Supreme Court, in Adepetu v. State (1998) NLC-1761997(SC) at p. 11; Paras A–B.
"It is incumbent on him to explain how the deceased who was last seen with him alive came to be stone dead. The pieces of evidence on the conduct of the appellant soon after the commission of the offence rather than derogate from it corroborated as well as strengthened the prosecution’s case. The appellant corroborated and thereby strengthened the prosecution’s case when he lied with reckless abandon…"
EXPLANATION / SCOPE
Lies and post-offence conduct can be corroborative evidence. The accused’s conduct may strengthen the prosecution’s case. The principle applies to criminal trials. The court may consider the accused’s behaviour after the offence. The rule does not shift the burden of proof. The prosecution must still prove guilt. The principle allows the court to draw inferences. The accused’s lies may indicate a guilty conscience.