A.O. ODUFUYE V JACOB ADEOYE FATOKE
August 6, 2025MOBIL OIL (NIG) LTD. VS FEDERAL BOARD OF INLAND REVENUE
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia (SC) 13775
In the Supreme Court of Nigeria
Fri Apr 1, 1977
Suit Number: SC. 431/1975
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
FRANCIS ODILI
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW- ROBBERY-IDENTIFICATION
SUMMARY OF FACTS
The appellant was charged with armed robbery. He was identified by one of the victims of the robbery attack at an identification parade. He contended that on the night in question he was with his wife.
HELD
The court held that there was no serious discrepancy at the identification parade as to vitiate the result of the identification and the onus was on the appellant to establish his defence of alibi.
ISSUES
Whether the decision of the tribunal cannot be supported having regard to the evidence
RATIONES DECIDENDI
BURDEN OF CALLING EVIDENCE ON PROSECUTION
“The prosecution is not required to call every available piece of evidence to prove its case. It is enough if sufficient evidence is called to discharge the onus of proof beyond reasonable doubt.” PER ALEXANDER CJN
CASES CITED
1. YANOR&ANOR V. THE STATE (1965) NMLR 337
2. NWOSISI V. THE STATE (1976) 6 SC 109
3. ALONGE V. POLICE (1959) 4 FSC 203
STATUTES REFERRED TO
ROBBERY AND FIREARMS (SPECIAL PROVISION) DECREE 1970
