CORAM
KAYODE ESO, JUSTICE, SUPREME COURT
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT
DAHUNSI OLUGBEMI COKER, JUSTICE, SUPREME COURT
CHUKWUDIFU AKUNNE OPUTA, JUSTICE, SUPREME COURT
PARTIES
UDO AKPAN
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
OFFENCE OF CONSPIRACY AND ROBERY
SUMMARY OF FACTS
The appellant was charged with two offences which are Conspiracy to commit a felony, and robbery. The learned trial judge found the Appellant guilty as charged and sentenced him to 7 years imprisonment with hard labor on Count One and to death by hanging on Court two. The Appellant appealed to the Court of Appeal in which the appeal was dismissed. The appellant finally appealed to the Supreme Court.
HELD
The appeal failed and was dismissed.
ISSUES
That the learned trial judges erred in law in convicting me to death, when he (judge) failed to grant an application to call my alibi; P.W.2; P.W.3, Cornelius Akpan and Mr. A.E. Alieu; the D.P.O. Isolo Police Station to give satisfactory account of my whereabouts during the date alleged to have committed the offence.
RATIONES DECIDENDI
THE DUTY OF AN ACCUSED RELYING ON AN ALIBI
“An accused relying on an alibi has a duty to let the Police know at the earliest opportunity where and with whom he was at all the material times.” Per OPUTA, J.S.C.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available