Does the Mere Presence of an Accused Person at the Crime Scene Make Him Guilty of the Offence?

CASE TITLE: HARUNA v. STATE (2024) LPELR-61727(CA)
JUDGMENT DATE: 15TH MARCH, 2024
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on the defence/plea of alibi.

FACTS:
Appellant filed this appeal against the decision of the Taraba State High Court, delivered by Hon. Justice Y.A. Bashir.

At the trial Court, Appellant as 3rd accused person was charged with the offences of criminal conspiracy, culpable homicide punishable with death, and inciting public disturbance.

Appellant had pleaded not guilty to the charge, upon being arraigned. He had raised a defence of alibi when he was arrested, which was not investigated and he said he was even the victim of an attack by Fulani herdsmen, which landed him in the hospital.

The prosecution called witnesses to prove the charge. At the end of the trial, the trial Judge convicted Appellant and 2 others for offences of Criminal Conspiracy, inciting public disturbance, and Culpable Homicide punishable with death, contrary to Section 97(1).114, 221(a) of the Penal Code, Laws of Taraba State, and sentenced him to 7 years, one year, and life imprisonments, respectively.

Dissatisfied, the appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:
The Court determined the appeal on the following issues:

1. “Whether, from the totality of evidence before this Court, the Appellant is not availed of the defence of Alibi.”
2. “Whether the learned trial Judge of the lower Court was right when it held that the prosecution has proved sufficiently the offences of criminal conspiracy, culpable homicide not punishable with death and inciting public disturbance against the Appellant beyond reasonable doubt.”
   DECISION/HELD:
   In conclusion, the appeal was allowed.

RATIOS:
● CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Position of the law on the defence of alibi
● CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Effect of a successful plea of alibi
● CRIMINAL LAW AND PROCEDURE- SCENE OF THE CRIME: Whether the mere presence of the accused person at the scene of crime is conclusive that he committed the offence
● CRIMINAL LAW AND PROCEDURE- SENTENCING: Whether the Court has the discretion to alter a mandatory statutory term of imprisonment
● CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Meaning of alibi and the effect of failure to investigate/consider the defence of alibi raised by an accused person

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