CORAM
BELLO , JUSTICE, SUPREME COURT
COKER, JUSTICE OF THE SUPREME COURT
LEWIS, JUSTICE OF THE SUPREME COURT
PARTIES
OYEWUNMI ADEDEJI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with murder and put up the defense of an alibi which the prosecution had a duty to disprove.
HELD
The court held that once an accused gives evidence establishing alibi, onus shifts on prosecution to disprove such evidence
ISSUES
The court held that once an accused gives evidence establishing alibi, onus shifts on prosecution to disprove such evidence
RATIONES DECIDENDI
BURDEN OF PROOF IN CRIMINAL CASES
The burden of proof of an accused persons guilt rests on surely on the prosecution.
Per Lewis JSC
CASES CITED
R. V. JOHNSON (1961) I WLR 1478
YANOR V THE STATE (1965) NMLR 337
STATUTES REFERRED TO