A COMPARATIVE ANALYSIS OF THE DOCTRINE OF LAST SEEN AND THE DILEMMA OF THE LAST SEER IN NIGERIA AND SELECTED JURISDICTIONS

Abstract

This paper examines the doctrine of last seen, from its history and application, to the dilemma experienced by the last seer. This doctrine did not originate from Nigeria, nor is it expressly codified in Nigerian statutes; it gained legal footing from numerous sources, including judicial precedents and the Indian Evidence Act. Nevertheless, the doctrine draws support from the Nigerian Evidence Act 2011, relying on specific provisions to defend its legitimacy. The study explains the doctrine through four theories, which show how courts reach decisions through circumstantial evidence. Furthermore, the paper also considers the difficulties the prosecution faces in determining the accused’s guilt. The core of this study compares the Nigerian judicial system to the United Kingdom, Canada, and South Africa, respectively in light of the doctrine of last seen. While the United Kingdom and Canada do not treat it as a separate doctrine, South Africa sees it as such. The article concludes that although the doctrine fills a legal gap, it remains statutorily and institutionally weak. It also recommends that there should be a comprehensive provision.