CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Effect of an accused person raising the defence of alibi at trial and not before trial


“…I agree with the Court below that the defence was belatedly raised and relieved the Police of investigating it. The Appellant first raised the defence of alibi during his evidence in chief before the trial Court, after he had admitted the offence for which he was charged, in his extra-judicial statement before the Police. Learned counsel for the Appellant has failed to state how a miscarriage of justice was occasioned against the Appellant by the failure of the trial Court to consider a belated and unsubstantiated defence of alibi. The Court below was therefore right in not considering the defence of alibi, which in my view, was an afterthought. See Akeem v. State (2017) LPELR-42465 SC.” Per ABDU ABOKI, JSC in STANLEY OSSAI v. PEOPLE OF LAGOS STATE (2022-LCER-46530-SC) (Pp 27 – 27; Paras B – E)

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