Legalpedia Citation: (2010) Legalpedia (SC) 20551
In the Supreme Court of Nigeria
Fri Jan 29, 2010
Suit Number: SC. 36/200
CORAM
MUHAMMAD SA1FULLAH MUNTAKA-COOMASS1E JUSTICE, SUPREME COURT
PARTIES
RASHEED OLAIYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was accused of killing his younger brother’s child. Despite raising the defence of alibi, the court convicted and sentenced him to death. The Court of Appeal confirmed the conviction and sentencing. He has further appealed
HELD
Appeal dismissed
ISSUES
1. Whether the learned Justices of the Court of Appeal were right, in law, to affirm the conviction and sentence of the Appellant, even though the prosecution failed, altogether, to investigate the Appellant’s defence of alibi raised in good time
RATIONES DECIDENDI
FAILURE TO FORMULATE ISSUES IN BRIEF OF ARGUMENT.
Where an Appellant does not formulate an issue in his brief of argument to cover a ground of appeal, that ground would be deemed to have been abandoned even where argument has been preferred on it. Per MOHAMMED J.S.C
EVIDENCE OF TAINTED WITNESS: HOW TREATED.
The evidence of a tainted witness should be treated with considerable caution and be examined with a fine toothed comb. Per MOHAMMED J.S.C
DEFENCE OF ALIBI: DUTY OF POLICE.
The defence of alibi once it has been properly raised by the accused person in the course of the investigation of the offence for which he is charged, it is the duty of the Police to investigate it and for the prosecution to disprove it. Per MOHAMMED J.S.C
CASES CITED
1. Baker V. Lagos State Civil Service Commission (1992) 8 N.W.L.R. (Pt. 262) 641;2. Labiyi V. Anretiola (1992) 8 N.W.L.R. (Pt. 258) 1393. Ajar V. Koori (1991) 7 N.W.L.R. (Pt. 203) 260;4. Modupe V. The State (1988) 4 N.W.L.R. (Pt. 87) 130.5. Salami v. The State (1988) 7 S.C. (Pt.11) 89; (1988) 3 N.W.L.R. (Pt.85) 670;6. Nwabueze v. The State (1989) 4 N.W.L.R. (Pt.86) 16;7. Okoduwa, v. The State (1990) 1 N.W.L.R. (pt.76) 3338. Ozaki v. The State (1990) 1 N.W.L.R. (Pt.124) 929. Mbenu v. The State (1988) 3 N.W.L.R. (Pt.84) 615
STATUTES REFERRED TO
NONE