participated in the unlawful sexual intercourse. These ingredients may
be established by either direct or circumstantial evidence or upon the
confession of the accused person himself (AHMED v. THE NIGERIAN
ARMY (2011)1 NWLR 89). It is trite law that each and every essential
ingredients of the offence charged must proved beyond reasonable
doubt by the prosecution before a meaningful conviction can be
secured (MOMODOU JALLOW v. COMMISSIONER OF POLICE
(1960- 1993) GLR 39 and WOOLMINGTON V DPP (1953) A.C. 462).
And it must be emphasized that an accused person bears no duty of
proving his innocence since he is presumed innocent until proved
guilty or until he pleads guilty.
In this case, there was no eye witness account of the alleged rape, thus
eliminating all the prospects of any direct evidence in support of the
indictment. The prosecution therefore relied heavily on circumstantial
evidence and the confession statements of the accused in prove of the
offence. Although I agree that circumstantial evidence is very often the
best evidence, in that it is evidence of surrounding circumstances
which by undersigned coincidence is capable of proving a proposition
with the accuracy of mathematics, I also agree that circumstantial
evidence must be narrowly examined so that a possibility of
fabrication to cast suspicions on an innocent person is ruled out. To be
sufficient to support a conviction, circumstantial evidence must be
complete and unequivocal. It must be compelling and must lead to the
irresistible conclusion that the accused and no one else is the culprit.
The facts must therefore be incompatible with the innocence of the
accused and incompatible of explanation upon any other reasonable
3