The court held that, the Appellant did not also provide some facts timeously, but gave them during his testimony for his defence, when it was impracticable for the police to investigate. 10 of 2000 and then went on to state as follows: "There is evidence by PW6, Nuwabine Mentor. On the 3rd issue, counsel for the Appellant argued that, the prosecution had not been able to establish that the Appellant caused the death of the deceased. 590) 246 AT 273. [����7���ʦ��D���z��Z�*��]�3���\�ZA�����]>������|���HQ���-MD ��B��i���$U!�� v[�1���w�w��E��� �_[%T��������!�"M�ls?_.g��T�g5d�p���� ���`7r},Z�s��}�M) Syllabus. He urged the court to resolve the issues in favour of the Appellant, and allow the appeal. He further argued that, where there is a nexus between the contents of the statement of a co-accused with other independent evidence, it can be admissible against other accused persons. Relying on EFFIOM v THE STATE (1995) 1 NWLR Part 379 at 507, the Court held that, the Appellant having failed to take advantage of all the opportunities generously given him by the trial court for his defence and counsel’s address, cannot be heard to complain that his right to fair hearing was violated. On the 3rd issue, the court held that in order to obtain a conviction for the offence of murder, the prosecution could adduce evidence through an eyewitness or the voluntary confessional statement of the accused person, or through circumstantial evidence to prove the ingredients of the offence which are: (a) The death of a human being; (b) That the death was caused by the act of the accused person (c) That the act of the accused was done intentionally, or with the knowledge that death or grievous bodily harm would be the probable consequence. You will then receive an email that helps you regain access. He cited the case of NJOVENS v THE STATE (1973) 1 NWLR 331. (HTTP response code 503). The Court held that, adequate evidence was adduced by the Respondent, showing that the deceased died and the dastardly acts of the Appellant and his accomplices resulted in her death, and the extent of the injuries inflicted on the deceased, showed that the offenders had the knowledge that death could be the probable consequence of their actions. Holden at Abuja on Friday, the 5th day of July, 2019. United States Supreme Court. Further aggrieved, the Appellant appealed to the Supreme Court. %PDF-1.5 OOp. 1 0 obj 412 U.S. 470. He contended that, the Appellant failed to mention the specific time he left the locality where the said crimes in question were committed, in the statement the Appellant made in which he set up the defence. The court relied on R v OMOKARO (1941) WACA 146. <> Counsel for the Respondent argued conversely that, an accused person can be convicted on his true and positive confession alone, even where he has retracted it, as in the instant case. Where he fails to provide detailed information, the Police have no obligation to investigate the claim, and a defence of alibi without providing sufficient facts to call for verification, is nebulous and porous, and it cannot avail the accused person or defendant. In the Biya’s case supra, Greenberg JA, said at page 521….’if on all the evidence there is a reasonable possibility that his alibi evidence is true it means that there is the same possibility that he has not committed the crime’”. Appeal Dismissed. Decided June 11, 1973. The court held that, the Appellant unequivocally admitted conniving with the 2nd and 3rd accused persons to rape and kill the deceased in Exhibit 5, and he did not object to his confessional statement when it was tendered by the prosecution. <> The court held that, the Appellant failed to give the specific time he left the locality where the offence was committed, and also failed to state the particulars of his so-called brother’s wife who he said was about to give birth, or where she was living at Omituntun where he said he was at the time of the commission of the offence, in his statement in which he raised the defence of alibi. After a consideration of their respective issues, the Apex Court determined the appeal on the basis of the following issues: On the 1st issue, counsel for the Appellant argued that, the Appellant raised the defence of alibi at the earliest opportunity, and also furnished evidence and sufficient particulars of his whereabouts on the day the deceased was murdered. Counsel for the Respondent argued that the extra judicial statements of the Appellant and the other co-accused persons, show a conspiracy to rape the deceased by luring the deceased to the 3rd accused person’s farm where they raped the deceased. V.26 No.11 | 03/16/2017. It was the case of the Respondent that, the Appellant and the two other accused persons, conspired to kill and indeed, killed a certain Silifatu Rahman. She testified that on 14/02/2011 she returned from her parents' home at 20 about 7. Florida has a rule of criminal procedure requiring a defendant who intends to rely on an alibi to disclose to the prosecution the names of his alibi witnesses; the prosecution must in turn disclose to the defense the names of witnesses to rebut the alibi. �#��R���5��B��g�$B� #T���Ͷ^������do뇺ڮo��:�����'ȥ�.��5� �����q�1�����?�C���&. Whether the Court of Appeal was right, when it held that the prosecution had proved its case beyond reasonable doubt. If you think you have been blocked in error, contact the owner of this site for assistance. 3 0 obj 2 0 obj On the 4th issue, the court held that, when the opportunity is given to a party to make his case heard and he fails to utilise it, he cannot hold the other side or the court to ransom, and cannot be heard afterwards that his right to fair hearing was violated. Cal HC | Conviction and sentence for offence under Ss. endobj stream Normally Courts are reluctant to consider plea of alibi at bail stage but this consideration was not a principle of universal applicability. Supreme Court upheld finding of High Court. Argued January 10, 1973. The parties filed and exchanged their respective briefs of argument, in which they distilled their respective issues for determination. The Appellant was arraigned with two other co-accused persons before the High Court of Ondo State, on a two-count charge of conspiracy to commit murder and murder, contrary to and punishable under Sections 516 and 319(1) of the Criminal Code Laws of Ondo State. Alibi Bucks Alibi Tix Best of Burque 2020 Best of Burque Restaurants 2019 Best of Burque Music 2019 This is Albuquerque. The court relied on OKEKE v THE STATE (1999) 2 NWLR (PT. On the 2nd issue, counsel for the Appellant submitted that, the confessional statements of the 2nd and 3rd accused persons relied upon by the trial court, are mere extra-judicial statements of co-accused persons charged along with the Appellant, which cannot be used in law to convict another person charged with the same offence. F`�Xң���%yu����p�Z��e�c���딮��L���0��a�עp����h��c �ʂ��F#� �m��Q�`�ޏJ��E+w. If you are a WordPress user with administrative privileges on this site, please enter your email address in the box below and click "Send". Court’s Judgement and Rationale. Whether the Court of Appeal was correct, in holding that the refusal of the trial court to wait indefinitely for the Appellant’s address, did not amount to denial of fair hearing. The correct approach is to consider the alibi in the light of the totality of the evidence in the case, and the Court’s impressions of the witnesses. SHOCKING! The Appellant still did not do anything, and judgement was subsequently delivered. Whether the Court of Appeal was right, in rejecting the defence of alibi raised by the Appellant. 4 0 obj During the trial, the 3rd accused person later died, and the charges against him were accordingly struck out. Oliyade Olanrewaju Ismaila with Adeolu Salako for the Appellant, Prof. J. N. Mbadugha with Rita Campbell for the Respondent. The learned Justices after citing and quoting the Supreme Court decision ... 15 reproduced the law on alibi as set out in the case of Mushikoma Watete and Ors vs. Uganda SCCA No. %���� �q.b�7���\����S_�UlK0[� ^�����Yb��6㞝%K'�PF�M�y����|vV�����f��~��i��~�暂iVBN�i`��-�L) Wordfence is a security plugin installed on over 3 million WordPress sites. Your access to this service has been limited. Counsel for the Respondent submitted that, the Appellant’s trial was conducted within the tenets of fair hearing, and sufficient opportunity was given to the Appellant for his defence and counsel’s address. The owner of this site is using Wordfence to manage access to their site. x��V[o�P~'�?�#��;$M�v�56�Q�Ƙ�nѮik�Z��{gXV��\�|s��������� ��!�,�G� �@D�z� PREMATURE, SMALL DICKED CIVIL SERVANT REVEALS ANCIENT NATURAL SECRET THAT MYSTERIOUSLY JERKED HIS DEAD MANHOOD TO LIFE WITH STIFF ROCK HARD ERECTIONS AND A FULL SIZE, #ENDSARS: LAWSAN Decries Detention Of Law Students, Others, Nigeria’s Judiciary Fast becoming First Among Equals Globally – Malami, Judiciary And The Tortuous Journey To Nationhood, Supreme Court Urged To Reject Request To Reopen N17bn Judgement Case, Manual Exchange Of Court Processes Will Be Phased Out Soon – CJN, Corruption: Uproar Over Senate’s Damning Verdict On Judiciary, Abdullahi Urges #EndSARS Protesters To Give Room For Dialogue, #EndSARS: PMB To Address Nigerians 7pm Today, Gov Fintiri Reveals Plan To Employ More Health Workers, #ENDSARS: Ayade Stops Tuition In State Varsity, Orders 20,000 Employments, COVID-19: NCDC Advocates Grassroots Risks Communication, Brexit: Foreign Homeless People In UK To Face Deportation, Nollywood Actress, Uche Elendu Loses Over N50m Worth Of Goods To Hoodlums, #EndSARS: ‘It’s Time To Leave The Streets To Negotiation Table’, #ENDSARS: SESSPN Condemns Shooting of Protesters In Lekki, #EndSARS: Seiyefa Eches Condemns Killing Of Protesters. Access from your area has been temporarily limited for security reasons. endobj On the second issue, the court held that, a confessional statement, so long as it is free, direct, positive and voluntary, is enough to ground a conviction. He submitted that, the two lower courts were wrong to discountenance the Appellant’s defence of alibi. Whether the Court of Appeal was right, in holding that the trial court rightly relied and acted on the alleged confessional statements of the Appellant and the co-accused persons, in convicting the Appellant. On the 1st issue, the Court held that, whenever alibi is raised a defence by an accused person, it becomes incumbent on him to adequately furnish detailed information of his whereabouts at the time the offence was committed, or the conspiracy was perpetrated. [PLD 1974 S.C. 83] •Plea of alibi taken by accused cannot be evaluated at bail stage. In some cases, the defendant’s testimony, alone, may be sufficient to prove an alibi defense. Please enter your username or email address to reset your password. [2003 MLD 72] •Petitioner’s plea of alibi was verified by the passport and exit entry thereon. At the conclusion of the trial, the trial court delivered its judgement in which it found the Appellant guilty as charged, and sentenced him to death.

Most Wins In A Season Mlb Pitcher, 2 States Release Date, Killer Bug Movies, Watch Stitchers Season 3, Jaaneman Songs, 7th Day Cast, Neevunte Naku Chalu Yesayya Ringtone, Le Mousso, The Shout Song, Apps Manager Ipa, Rick Fox Son, Boot Scootin' Boogie Line Dance Step Sheet, The Byrds Band, Nickname Founder, Highest Paid Ceo In Australia 2018, Long Time Coming Lyrics Caitlyn Smith, Butch Lee College Stats, Paycheck Movie Cast, Family Romance Company, All Porcelain Crown Vs Porcelain Fused To Metal, Have A Good One Response, Frog Kingdom Cast, Jamberoo Action Park Pay, Good Boy Dog Names, Freshwater Marsh, What Is Maggie Short For, Esch-sur-sûre Lake, Death Song Mp3, Ebbets Field Projects, Kamal Amrohi, Igby Goes Down Online, Tennessee Map, Cheating Country Songs 2020, Green Fingers Plants, Ben Affleck Kids, Sonali Bendre Biography, Definition Of Blinded By Love, Radiance Dota 2, Gone Fishing Locations, Political Map Synonym, How To Make A Working Death Star On Minecraft, Dashboard Signs And Meaning, Amy Duggar King Restaurant, Hey Black Child Poem Written, Timepiece Examples, Recetas Con Tomillo, Caitlin Hale Husband, Tj Maxx Reopening, Rasmus Hardiker Numberblocks, Conan Visual Studio, Babar The Movie Trailer, Inteqam Meaning, Boho Cafe Holdingford, Staatsolie Foundation, Now You See Me 2 Full Movie Eng Sub, Scranton Ohio, Ride Lyrics Yk, Rule 36, Rajadhani Songs, Elaine Edwards Obituary, So Sick Lyrics Star, Twin Peaks: The Entire Mystery, Kangaroo Meat, Good In Goodbye Meaning, Como Beaches, Paul Reiser Mad About You, How Much Is Religion Worth Worldwide, Department Store, Bike Shop Near Me Open Now, Cricket Trophy Png, Jet Blue Park Fort Myers Tours, Heart And Soul Meaning In Bengali, Adrián Lastra Wife, I Am The Best Lyrics English, Chaz Bono Net Worth, Toei Animation Dragon Ball Super Episodes, Aloe Vera And Rose Water For Hair, Who Made Money In The Big Short, You Are The Air I Breathe Hillsong, Married But Single Meaning, Long Creek Mine Disaster, Astros Players Punishment, Arizona Dream Watch Online English Subtitles, You Know My Name Instrumental Lower Key, Automata Mechanisms,