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Types of Evidence: Direct and Circumstantial Evidence


From the various classifications mentioned in the preceding post, we are able to enumerate the following “types” of evidence; (i) Direct (ii) Circumstantial (iii) Primary (iv) Secondary (v) Insufficient (vi) Prima facie (vii) Conclusive (viii) Hearsay (ix) Oral (x) Documentary (xi) Real (xii) Original (xiii) Indirect (xiv) Personal (xv) Pre-appointed (xvi) Causal and (xvii) Best Evidence. We shall in a nutshell define or describe some of these types of evidence.
1.     Direct Evidence
A piece of evidence is direct if it is based on personal knowledge or observation and if true to be believed, proves a fact out of inference or presumptions. It a testimony of (a) what you hear with your ears (b) what you see with your eyes (c) what you smell with your nose (d) what you touch with your hand or body and (e) what you taste with your mouth or tongue. The term ‘direct’ relates to the source of your knowledge, being deposed to. It is also called “positive evidence”. Oral evidence must be direct evidence. Direct evidence also includes real evidence because the court sees for itself.
2.     Circumstantial Evidence
This is also called indirect evidence or oblique evidence because it is based on inference rather than personal knowledge or observation. It is evidence of some collateral fact from which the existence or non-existence of some fact in question may be inferred as a probable consequence. Circumstantial evidence is offered for the purposes of the court inferring therefrom the existence of a fact in issue. In most cases, it takes the form of oral evidence. However, before a court can depend on circumstantial evidence, it must be very cautious and circumspect.
Perhaps an examination of the nature of circumstantial evidence in criminal proceedings will not be out of place. In Abieke v. State (1975) 9-11 SC 97, the court said that before a conviction can be based on circumstantial evidence, such evidence must not fall below the standard required by law. In other words, the prosecution must proof beyond reasonable doubt that such evidence only points to the guilt of the accused.
This same view was held by the English court in R. v. Tapper (1952) AC 480 @ 489 and State v. Edebo (1975) 9-11 SC 89. The court in those cases said that for a court to convict an accused person on circumstantial evidence, such evidence must lead conclusively and indisputably to the guilt of the accused person. Similarly, in the case of Abieke v. The State (supra), the court said that it is an elementary proposition that mere circumstances of suspicion are not sufficient to justify a conviction. Thus, suspicion however strong cannot take the place of legal proof.
          Again, the authority of Ogwa Nweke Onah v. The State (1985) 3 NWLR (Pt. 12) 236 says that before a person can be convicted upon circumstantial evidence, such evidence must be so mathematically accurate that it points to one and only irresistible conclusion that the person was the one responsible for the offence for which he has been charged. In the case of Edet Obosi v. The State (1965) 3 NMLR 119, the court said that where circumstantial evidence is overwhelming and leads to no other conclusion than the guilt of the accused, it leaves no room for acquittal.
          In R. v. Taylor, Weaver and Donovan; the court said that it has been stated that the evidence against the appellant is circumstantial, so it is; but, circumstantial evidence is often the best. It is evidence of surrounding circumstances which by undersigned coincidence is capable of providing a proposition with the accuracy of mathematics.
          Also, in Stephen Ukora v. The State (1997) 4 SC 164 @ 167 the court said that circumstantial evidence is as good as and sometimes better than any other type of evidence. What this means is that there are a number of circumstances which are accepted so as to make a complete and unbroken chain of evidence. Finally, in Ben Okafor v. The Police (1965) NMLR 89, the court said that no amount of suspicion would even mature into proof of a case. Suspicion may be many and sometimes grave yet they will amount each to suspicion and no further.

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