(c)
that the accused 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).
In the instant 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 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 in a criminal trial, 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 be incompatible with the innocence of the
accused and incompatible of explanation upon any other reasonable
hypothesis than that of his guilt particularly as all doubts must be resolved
in favour of the accused.
I must state at this point that the prosecutrix is sick of the voice and ear and
cannot speak freely – a kind of dumb she is. She looked mentally and
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