ASHLEY AGWASIM V DAVID OJICHIE
June 11, 2025AUGUSTINE NWAFOR MOJEKWU V MRS. THERESA IWUCHUKWU
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 11521
In the Supreme Court of Nigeria
Fri Apr 23, 2004
Suit Number: SC. 45/2002
CORAM
EJIWUNMI JUSTICE, SUPREME COURT
TOBI JUSTICE, SUPREME COURT
MUSDAPHER JUSTICE, SUPREME COURT
ACHOLONU JUSTICE, SUPREME COURT
PARTIES
1.OTUNBA F. E. SOWEMIMO2.BABATUNDE SOWEMIMO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant raised alibi first time during trial and there were witnesses to the fact he murdered the deceased.
HELD
The court held that the defence of Alibi was a ruse; it not having raised at the earliest opportunity and totally contradicted the Statements earlier made to the Police by the 2nd Appellant.
ISSUES
Whether the learned Justices of the Court of Appeal were right when they affirmed the decision of the trial Court that the defence of alibi properly set up by the 3rd Appellant Babatunde Sowemimo was not proved by the Appellant.
RATIONES DECIDENDI
CASES CITED
Otti V. The State (1993) 4 N.W.L.R. (Pt.290) at 675Adisa V. The State (1991) 1 N.W.L. R. (Pt. 168) 490Odili V. The State (1997) 4SC. P. I
STATUTES REFERRED TO
None.
