J.O. EKI V F.M. GIWA
August 6, 2025UDHUDE EMARIERU & ANOR V SAMUEL OVIRIE & ORS
August 6, 2025Legalpedia Citation: (1977-02) Legalpedia (SC) 61181
In the Supreme Court of Nigeria
Fri Feb 18, 1977
Suit Number: SC. 223/1975
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
LAWRENCE OGBODI ODIDIKA
ADOLPHUS UDEGBULAM
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-ROBBERY-ALIBI
SUMMARY OF FACTS
The appellant was charged with armed robbery and sentenced to death. They appealed against the conviction on the ground that the plea of alibi was not considered
HELD
The court held that the onus was on the appellant to establish by evidence the plea of alibi
ISSUES
Not Available
RATIONES DECIDENDI
ALIBI
“The law is that evidence of the alibi should not be disregarded by a trial court unless there is stronger evidence against it and that, while the onus is on the prosecution to prove the charge against an accused person, the latter has the duty of bringing the evidence on which he relies for his defence of alibi. PER ALEXANDER CJN
CASES CITED
1. YANOR & ANOR V. THE STATE (1965) NMLR 337
2. NWOSISI V. THE STATE (1976) 6 SC 109
3. QUEEN V. BAGANZA (1960) 5 FSC 1
4. OLADIMEJI V. THE QUEEN (1964) NNLR 31
STATUTES REFERRED TO
1. CRIMINAL PROCEDURE ACT CAP 53 OF THE LAWS OF THE FDERATION
2. ROBBERY AND FIREARMS (SPECIAL PROVISION) DECREE NO 47 OF 1970
3. CHILDREN AND YOUNG PERSONS ACT
4. CRIMINAL JUSTICE (MISCELLANEOUS PROVISION) DECREE NO 84 OF 1966
