CHIEF DANIEL ALLISON IBULUYA V. TOM BENEBO DIKIBO
August 7, 2025BARCLAYS BANK OF NIGERIA LTD V. CENTRAL BANK OF NIGERIA
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11317
In the Supreme Court of Nigeria
Fri Jun 4, 1976
Suit Number: SC. 372/1975
CORAM
ALEXANDER, CHIEF JUSTICE OF NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
CHRISTIAN NWOSISI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged on information with murder contrary to Section 319(1) of the Criminal Code. He was convicted and sentenced. Not satisfied with his conviction, he appealed to the court of appeal and further to the Supreme Court.
HELD
The appeal was dismissed and the Supreme Court affirmed the conviction and sentence of the appellant.
ISSUES
That the learned trial Judge made use of Exhibit 1, the depositions taken in the Magistrates Court, quite improperly in our view, as evidence of the presence of P.W.9 at the scene of the murder and of the location at which the murder was committed.
RATIONES DECIDENDI
THE DEFENSE OF ALIBI
On the defense of 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 defense of alibi.” Per D. A. R. ALEXANDER, CJN
CASES CITED
Yanor & Anor v. The State (1965) NMLR 337
STATUTES REFERRED TO
None.
