Legalpedia Citation: (2013) Legalpedia (SC) 96648
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jul 11, 2013
Suit Number: SC.192/2011
CORAM
PARTIES
OLANREWAJU AYAN APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
CRIMINAL LAW, MURDER, DEFENCES, ALIBI
SUMMARY OF FACTS
The appellant was charged at the trial for attempted murder of one Falade Ojo and the trial court convicted the appellant as charged. Aggrieved with the judgment of the trial court, he appealed to the lower court and the court below after giving its considered opinion, dismissed the appeal. Dissatisfied further, he appealed to this court.
HELD
Appeal dismissed
ISSUES
Whether the Court of Appeal was right to uphold the judgment of the trial court to the effect that the appellant’s defence of alibi was rejected and disbelieved despite the failure of the prosecution to tender the report of police investigation on the alibi to court and also in view of the contradicting statements of PW2 and PW3 arising from grounds 1 and 4. Whether the Court of Appeal was correct in law to uphold the judgment of the trial court that the appellant was among the four people that attacked PW2 and killed the deceased in view of the evidence before the court.
RATIONES DECIDENDI
DEFENCE OF ALIBI-HOW PROVED AND DISPROVED
“Now, ALIBI is a question of fact that must be established or discredited by credible evidence. Once the prosecution has discharged the onus placed on it by adducing evidence against the defence put forward by the accused then the onus shifts on the accused to call evidence to weaken or discredit the evidence of the prosecution.”
DEFENCES-ALIBI- DUTY ON ACCUSED TO DISCHARGE THE EVIDENTIAL BURDEN
“In any event, it is the law that while the onus rests on the prosecution to disprove an alibi, the accused has first to discharge the evidential burden of setting up enough facts on which an alibi can rest.”
DEFENCES-ALIBI-BURDEN ON THE PROSECUTION TO INVESTIGATE AND REBUT SAME
“It is the law as well, that where a defence of alibi has been promptly and properly put up, the burden is on the prosecution to investigate it and rebut such evidence in order to prove the case against the accused person beyond reasonable doubt. Although there may be occasions on which failure to check an alibi may cast doubt on the reliability of the case for the prosecution, it is not in all cases that such failure to investigate an alibi would be fatal to the prosecution’s case.”
DEFENCES-ALIBI-WHETHER THE PROSECUTION IS DUTY BOUND TO INVESTIGATE AN ALIBI WHERE THE ACCUSED GIVES CONFLICTING STORIES
“Thus, where the accused person gives conflicting stories as to his whereabouts at the material time under consideration, there is no duty on the prosecution to investigate the alibi and in such a case, no alibi is established.”
APPEALLATE COURT-DUTY OF COURT IN DETERMINATION OF AN APPEAL
“On the other hand, an appeal court can only affirm or dismiss an appeal before it or strike it out, if it appears to be a non-starter. It is not the function of an appeal court to reassess or re-evaluate evidence except where there are geniune complaints from the appellant which justify doing.”
DUTY OF A COURT-NOT TO MANUFACTURE EVIDENCE FOR ANY PARTY
“It is not part of the trial court’s duty/function to manufacture evidence for any of the parties. A party wins on the strength of his evidence [case] and loses where his evidence [case] is patently weak, unsupportable and unjustifiable.”
FINDINGS OF LOWER COURTS-WHEN THE SUPREME COURT CAN INTERFERE
“It is the practice of this court not to interfere with such findings unless they are perverse; manifestly wrong or occasion a miscarriage of justice.”
DEFENCES-ALIBI-WHEN INVESTIGATION IS NOT NEEDED
“It is the law my lords, that where the presence of an accused is fixed at the scene of the crime, the defence of alibi, no matter how beautifully put up is defeated and need no investigation.”
CASES CITED
NTAM & ANOR V THE STATE (1967) NSCC 1|OZAKI V THE STATE (1990) 1 NWLR (124) 92|OMOROGIE & ORS VS. IDUGIEMWANYE & ORS [1985]2 NWLR [part 5] 41|ABISI VS EKWEALOR [1993] 6 NWLR [part 302] 643 at page 683|SAMPSON OCHONMA VS UNOSI [1965] NMLR 321|ADENIJI VS ADENIJI [1972] 1 ALL NLR [part 1] 298 at page 305|MBELE VS THE STATE [1990] 4 NWLR [part 145] 485|NJOVEN VS THE STATE [1973] NSCC 257 at page 278
STATUTES REFERRED TO
NONE|