Tuesday, 15 November 2016

Fabian Nwaturuocha vs. The State

ALIBI: How same is established and when the plea will be discountenanced by the court.
Identification Parade : When same is not essential to grant conviction.
Concurrent findings of lower courts : when the Supreme Court will not tamper with same.
“ Alibi means elsewhere. It is the duty of an accused person who pleads it to furnish sufficient particulars of same .He must furnish his whereabouts and those present with him at the material time. It is then left for the prosecution to disprove same. Failure to investigate may lead to an acquittal ” Per Akinbiyi JSC.
“ Proof beyond reasonable doubt should not be stretched beyond reasonable limit. Otherwise it will cleave ” Per J.A. Fabiyi JSC.

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