See Also:

• CRIMINAL LAW AND PROCEDURE: Criminal Defences - Alibi - Proper time to raise the defence of alibi - Effect of failure to timeously raise the defence of alibi

  “Now, to the question of alibi. As pointed out earlier, the trial court found at pages 89 - 90 of the record, that: ....this defence of alibi that he went…

• EVIDENCE: Evaluation of Evidence – Primary duty of the trial judge to evaluate evidence – Rationale behind assignment of the role of evaluation of evidence to the trial judge

  “This reluctance is principally grounded on the recognition that the learned trial Judge, who had the undoubted advantage of seeing and hearing the evidence presented by the parties, at first-hand,…

• EVIDENCE: Evaluation of Evidence - The Duty of the Trial Court - Whether the Evaluation of Evidence and Ascription of Weight Is the Responsibility of the Trial Court

  "...it is settled law that evaluation of evidence and ascription of weight thereto remains the province of the trial Court which heard and observed the demeanor of the witnesses and…

• EVIDENCE - Competent Witness - The provision of the Evidence Act as to the competence of all persons to give evidence

  "The issue of competence to give evidence is governed by statutory provisions. The question of the competence of witnesses generally is provided in Section 154(1) of the Evidence Act which…

• CRIMINAL LAW AND PROCEDURE - Alibi - Evidence of alibi - When Evidence of alibi may be disregarded by court - Onus on the Defence to prove his defence of Alibi

  CHRISTIAN NWOSU V. THE STATE (1976-LCER-1058-SC) "Learned counsel for the prosecution stated that she had no objection as the witness's name was at the back of the indictment. The application…