CORAM

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AGBAJE JUSTICE, SUPREME COURT

BELGORE JUSTICE, SUPREME COURT

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PARTIES

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IDOWU SALAMI

APPELLANTS 

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THE STATE

RESPONDENTS 

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AREA(S) OF LAW

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CRIMINAL LAW – ARMED ROBBERY – DEFENCE OF ALIBI – APPEAL – CONCURENT FINDING OF LOWER COURT.

 

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SUMMARY OF FACTS

A Datsun car with registration number LA 5501 E, was snatched at gun point along Hospital Road, Epe, Lagos State. At about 8 p.m. the same day, along Ijebu-Ode-Ibadan road, P.W.1 saw the car and identified it. The appellant was the only occupant inside who was driving it. The defence of the Appellant that at the time of the commission of this robbery he was not at the scene but in his house was rejected by the trial court.

 

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HELD

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That it was difficult, no doubt, for the trial Judge to reconcile claim of illness all day with the readiness of Appellant to drive under cover of night, a stolen car with changed registration number on the way to Ibadan.

 

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ISSUES

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1. Whether or not the guilt of the Appellant has been established by the evidence of the prosecution witnesses beyond reasonable doubt.

2. Whether or not the Appellant was properly convicted on the available circumstantial evidence;

3. Whether or not the provisions of Section 148(a) of the Evidence Act were appropriately applied to the Appellant’s case; and

4. Whether the Appellant’s Alibi that, he was at home at the time of the incident, should be considered in his favour, particularly when the said Alibi was not investigated.”

 

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RATIONES DECIDENDI

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ATTITUDE OF THE SUPREME COURT TO CONCURRENT FINDINGS OF LOWER COURTS.

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‘Supreme Court will not interfere with two concurrent decisions of the lower courts in the absence of anything perverse or contrary to law.’ per. S.M.A.BELGORE, JSC

 

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DUTY OF THE POLICE WHEN ACCUSED PERSON RAISES THE DEFENCE OF ALIBI.

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‘The duty of the police, where an accused person raises an alibi is to investigate that alibi if true. The alibi must be unequivocal and must be given during the investigation and not during the hearing of defence. The mere allegation that he was not at the scene is not enough, the accused person must give some explanation of where he was and who could know of his presence at that other place at the material time of the commission of the offence in question.’ per. S.M.A.BELGORE, JSC

 

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ON WHOM RESTS THE BURDEN OF PROOF WHEN ALIBI IS RAISED

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‘Once the accused has set forth his alibi it is not his duty to establish by evidence the alibi but for the prosecution to disprove it.’ Per. S.M.A.BELGORE, JSC

 

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CASES CITED

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R. v. Iyakwe X WACA 180, R. v. Kwashie XIII WACA 86).

(Manor v. The State (1965) 1 All NLR 193.

Adedeji v. The State (1971) 1 All NLR 75;

Ozulonye v. The State (1981) 1 NCR 38, 39, 50,

 

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STATUTES REFERRED TO

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Section 148(a) Evidence Act.

 

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