Just Decided Cases

OTUNBA F. E. SOWEMIMO VS THE STATE

Legalpedia 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.


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