GRACE NWACHUKWU V. THE STATE
(2014)LCN/6901(CA)
RATIO
CRIMINAL LAW: DOCTRINE OF LAST SEEN
It therefore lays a burden on the accused to give explanation on how the deceased met his death. This is an exception to the watertight constitutional provision that the accused is presumed innocent. See IGABELE V. STATE (2006) 6 NWLR (PT. 975) 100 AT 121 Paras B-D, Page 137 Paras D-H. It follows therefore that before the doctrine is upheld, some conditions must be met which basically are-(A) That the accused was last seen or in the company of the deceased when the deceased met his death (B)
It is the law that the fact that somebody was at the scene of crime does not make him an accomplice or a party to it. In AGBOPA V. STATE (1981) 2 N.C.R 59 AT 66, the court explained: ”Finally, it is my view that apart from being present at the scene as one of the watchmen, there is no evidence against the second appellant that he took part in the killing of the deceased. It has been held in AKANNI V. R(2) that mere presence at the place where a crime is being committed is not sufficient to make a person a party to the offence…” Per UWANI MUSA ABBA AJI (PJ), J.C.A
