LEGAL PRINCIPLE: CRIMINAL LAW – Proof of offences – Standard and burden of proof
PRINCIPLE STATEMENT
In a criminal trial, it is unsafe to base a conviction on speculative findings based not on what the appellant did but on what he ought to have done.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Idowu v. State (1998) NLC-1751997(SC) at p. 5; Paras A–B.
"In a criminal trial, it is unsafe to base a conviction on speculative findings based not on what the appellant did but on what he ought to have done."
EXPLANATION / SCOPE
Convictions must be based on evidence of what the accused did, not speculation. The principle applies to all criminal trials. The court cannot infer guilt from what the accused should have done. The rule protects against wrongful conviction. The prosecution must prove actual conduct. The principle is fundamental.
CASES APPLYING THIS PRINCIPLE
None recorded.