Legalpedia Citation: (2009-03) Legalpedia 62528 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Fri Mar 6, 2009

Suit Number: SC 220/2008

CORAM

D MUSDAPHER, JUSTICE SUPREME COURT

G A OGUNTADE, JUSTICE SUPREME COURT

W S N ONNOGHEN, JUSTICE SUPREME COURT

I F OGBUAGU, JUSTICE SUPREME COURT

JAMES OGENYI OGEBE, JUSTICE SUPREME COURT

PARTIES

SAMPSON EBENEHI

OMOEHI WADA

APPELLANTS 

THE STATE

RESPONDENTS 

AREA(S) OF LAW

CRIMINAL LAW – CIRCUMSTANTIAL EVIDENCE – ALIBI

 

 

SUMMARY OF FACTS

The appellant as well as three others were charged with armed robbery. At the trial court they raised a defence of alibi. The trial judge discharged and acquitted the 3rd accused person and convicted the rest. The appellants were unsuccessful in their appeal to the Court of Appeal hence this appeal.

 

 

HELD

Appeal dismissed

 

 

ISSUES

1.  Whether the learned Justices of the Lower Court were right in upholding the decision of the trial Judge rejecting the defence of alibi raised by the 2nd appellant.

2.  Whether the learned Justices of the Lower Court were right in holding that there was circumstantial evidence linking the 2nd appellant to the commission of the crime.

3.  Having regard to the totality of evidence of Pw2, Pw3 and Pw4 and having expunged the confessional statement of the 2nd appellant, whether the learned Justices of the Lower Court were right in upholding the conviction of the 2nd appellant.

 

 

RATIONES DECIDENDI

CIRCUMSTANTIAL EVIDENCE

Circumstantial evidence, is the best evidence particularly, where it is overwhelming (as in the instant case leading to this appeal) and lead to no other conclusion, than the guilt of the accused persons. Per Ogbuagu, JSC

 

 

CIRCUMSTANTIAL EVIDENCE

It is also necessary that before drawing inference of the accused persons’ guilt from circumstantial evidence, the Judge has to be certain that there are no other co-existing circumstances, which may weaken or destroy the said inference. Per Ogbuagu, JSC

 

 

WHEN DEFENSE OF ALIBI MUST BE RAISED

It is trite law that for the defense of alibi to be properly raised it must be raised at the earliest opportunity when an accused person is confronted by the Police with the commission of an offence so that the Police will be in a position to check the alibi. Per Ogebe, JSC

 

 

CASES CITED

1. Ona v. The State (1985) 3 NWLR (Pt.12) 236

2. Ijoffor v. The State (2001) 9 NWLR (Pt. 718) 371

 

 

STATUTES REFERRED TO

 

None

 

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