04/05/2026
Doctrine of Recent Possession under Nigerian Law
The doctrine of recent possession is a rule used in Nigerian criminal law to help courts decide cases where stolen property is found with a person shortly after a theft has taken place. It is based on common sense and the idea that people do not usually come into possession of stolen items by coincidence, especially soon after they are stolen.
Under this doctrine, if a person is found with property that has been recently stolen and that person cannot give a reasonable explanation of how they got it, the court may assume that the person either stole it or knew it was stolen. This inference is not automatic punishment; it is simply a way for the court to draw a logical conclusion from the facts before it.
For the doctrine to apply, certain conditions must be present.
1. It must be clearly proven that the item was actually stolen.
2. The item must be found in the possession of the accused person.
3. The possession must be “recent,” meaning it happened shortly after the theft, depending on the nature of the item. For example, money or mobile phones may be considered recent within hours or days, while other items may take longer.
4. Finally, the accused person must fail to give a satisfactory explanation of how they came to possess the item.
For example, if a phone is stolen at night and the next afternoon or even some days later, it is found with someone who cannot explain how they got it, the court may presume that the person was involved in the theft. Another example is if a stolen item like a bicycle or laptop is found with someone shortly after it disappeared, and the person gives no credible explanation, the law may link them to the offence.
However, it is important to understand that this doctrine does not mean a person is automatically guilty. The accused still has the right to defend themselves and explain how they came into possession of the item. The court must still be satisfied beyond reasonable doubt before a conviction can be made.
In summary, the doctrine of recent possession simply means that when a person is found with stolen property shortly after it was stolen and cannot explain it properly, the law may assume involvement in the theft unless proven otherwise.
