Is the Failure of the Police to Investigate a Defence of Alibi Fatal to the Case of the Prosecution?

CASE TITLE: OSHO v. STATE (2024) LPELR-62630(SC)
JUDGMENT DATE: 14TH JUNE, 2024
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: ABUBAKAR SADIQ UMAR, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offences of Conspiracy to commit Armed Robbery and Armed Robbery.

FACTS:

This appeal is against the judgment of the Court of Appeal, Ibadan Judicial Division.

The Appellant was charged before the Ogun State High Court, (“trial Court”) vide an Information dated 3rd day of October, 2013 containing a two-count charge of Conspiracy to commit Armed Robbery and Armed Robbery. In proving the charge, the Respondent called three witnesses and tendered four exhibits including the Appellant’s extra-judicial statements as Exhibits B1 & B2 and E & F. The Appellant on his part testified in his own defence, and called one additional witness but tendered no exhibit.

The High Court of Ogun State found the Appellant guilty of conspiracy to commit armed robbery and armed robbery punishable with death and sentenced him to death by hanging.

The Court of Appeal dismissed the Appellant’s appeal against the judgment of the trial Court thereby prompting this further Appeal to the Supreme Court.

ISSUE(S) FOR DETERMINATION:

The Court formulated the following sole issue for the determination of this appeal:

“Whether the Court of Appeal was right in affirming the trial Court’s conviction and sentence of the appellant for the offences of conspiracy to commit armed robbery and armed robbery?”

DECISION/HELD:

In conclusion, the appeal was dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Meaning of conspiracy; Proper approach to an indictment which contains a charge of conspiracy and a substantive charge
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ARMED ROBBERY: Ingredients that must exist to prove the offence of armed robbery
• CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Whether the failure of the police to investigate a defence of alibi is fatal to the case of the prosecution
• CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Duty on the accused person raising the defence of alibi to give particulars of where he was at the time the offence was committed
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ARMED ROBBERY: Ingredients required to be proved by the prosecution to establish the offence of armed robbery; whether the ingredients must co-exist
• CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Whether the defence of alibi must fail and would not need to be investigated once an accused person is fixed to the scene of crime
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in criminal cases and how same is discharged; effect of failure of the prosecution to discharge same
• EVIDENCE- IDENTIFICATION EVIDENCE: The need for courts to exercise caution when dealing with cases of disputed identity
• EVIDENCE- IDENTIFICATION EVIDENCE: What the court must consider in ascribing value to the evidence of an eye-witness in identifying an accused person(s)
• EVIDENCE- IDENTIFICATION EVIDENCE: Whether evidence of recognition is more reliable than that of identification; duty of Court when an accused person is recognized by a witness
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT: How is proof beyond reasonable doubt attained

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