LEGAL PRINCIPLE: CRIMINAL LAW — Murder — Last Seen Doctrine — Conviction Where Deceased Last Seen with Accused Without Explanation
PRINCIPLE STATEMENT
Where the deceased was last seen with the accused and no explanation is forthcoming, the circumstantial evidence constitutes proof beyond reasonable doubt of the accused's guilt.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC (quoting Eso, JSC), in Ubani & Ors v. State (2003) NLC-2722002(SC) at p. 10; Paras A–C.
"We can find no other reasonable inference from the circumstance of the case. The facts, which were accepted by the learned trial Judge, amply supported by evidence before him, called for an explanation and beyond the untrue denials of the appellants (as found by the leading Judge) none was forthcoming. Though this constitutes circumstantial evidence, it is proof beyond every reasonable doubt of the guilt of the appellant."
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 is well-established.