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See Also:
- CRIMINAL LAW AND PROCEDURE - DEFENCE/PLEA OF ALIBI - Duty of the prosecution to investigate the plea of alibi raised by an accused person
"The law is that, once an alibi is raised, the burden shifts on the prosecution to investigate the alibi. See OGOALA VS THE STATE (1991) 3 SCNJ 61." Per SAMUEL…
- CRIMINAL LAW AND PROCEDURE: Alibi - Position of the law on the defence of alibi
"When the accused person relies on the defence of Alibi he is simply saying that when the offence was committed, he was elsewhere, so he could not have committed the…
- CRIMINAL LAW AND PROCEDURE: Alibi - Position of the law on the defence of alibi
"In decisions too many to count, this Court has held that in criminal proceedings the plea of alibi as a defence succeeds where it is raised unequivocally and timeously during…
- CRIMINAL LAW AND PROCEDURE - DEFENCE/PLEA OF ALIBI - Effect of a successful plea of alibi
"Alibi, if successfully pleaded and established, is an absolute or complete defence that negatives both the acteus reus and the mens rea of the offence. It entitles the Defendant to…
- CRIMINAL LAW AND PROCEDURE - DEFENCE/PLEA OF ALIBI - Position of the law on the defence of alibi
"On the defence of Alibi, it is trite that Alibi is a defence based on the physical impossibility of a defendant's guilt by placing him in a location other than…