CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Circumstances where the defence of alibi would not avail an accused person


“If the prosecution adduces sufficient evidence to fix the accused at the scene of the crime at the natural time, surely, his alibi is deemed logically and physically demolished. Thus, where, as against the defence of alibi raised by an accused person there is a visual identification evidence of the accused by the prosecution witness which the Court believes, such evidence will effectively destroy the defence of alibi as raised. See MICHAEL HAUSA VS THE STATE (Supra) and AFOLALU VS THE STATE (2010) 5-7 SC (PT.11) 93.” Per SAMUEL CHUKWUDUMEBI OSEJI, JSC in UTTO v. STATE (2021-LCER-40501-SC) (Pp 23 – 23; Paras D – F)

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