LEGAL PRINCIPLE: EVIDENCE LAW – Circumstantial Evidence – Definition and Nature
PRINCIPLE STATEMENT
Circumstantial evidence has been defined as any fact (sometimes called an 'evidentiary fact' 'factum probans' or fact relevant to the issue) from the existence of which the judge or jury may infer the existence of a fact in issue (sometimes called a 'principal fact' or 'factum probandum'). Circumstantial evidence is receivable in criminal as well as in civil cases. It is commonly received in criminal cases where the possibility of establishing the offence charged by direct and positive eye witness testimony or by conclusive documents is much more rare than in civil cases. Where direct positive eye witness testimony is not available, evidence of surrounding circumstances which by undesigned coincidence is capable of establishing the case is very often the best evidence.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Akinmoju v. State (2000) NLC-11999(SC) at pp. 13–14; Paras E–A.
"Circumstantial evidence has been defined as any fact (sometimes called an 'evidentiary fact' 'factum probans' or fact relevant to the issue) from the existence of which the judge or jury may infer the existence of a fact in issue (sometimes called a 'principal fact' or 'factum probandum'). Circumstantial evidence is receivable in criminal as well as in civil cases. It is commonly received in criminal cases where the possibility of establishing the offence charged by direct and positive eye witness testimony or by conclusive documents is much more rare than in civil cases. Where direct positive eye witness testimony is not available, evidence of surrounding circumstances which by undesigned coincidence is capable of establishing the case is very often the best evidence."
EXPLANATION / SCOPE
Circumstantial evidence comprises facts from which the existence of a fact in issue may be inferred. It is admissible in both criminal and civil cases and is often the best evidence where direct testimony is unavailable. The probative value lies in the undesigned coincidence of circumstances pointing logically to the conclusion. Circumstantial evidence is not inferior to direct evidence; it can be compelling when consistent and interconnected. Courts evaluate the totality of circumstances to determine whether the inference of guilt or liability is irresistible. Properly applied, it provides a sound basis for findings.