ADEBAYO ADETOL.A & ORS. V. THE STATE

• Pages: 673-680

ADEBAYO ADETOLA & ORS. V. THE STATE



673

ADEBAYO ADETOL.A & ORS. V. THE STATE

1.

ADEBAYO ADETOLA

2.

ADEOYE ADEYEMI

10 3. OLURANTI ADEKOYA

V.

THE STATE

15

SUPREME COURT OF NIGERIA

KAWU,



J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,



J.S.C.

20



OLATAWURA,



J.S.C.

OMO,



J.S.C.

30th April, 1992.

APPELLANTS

RESPONDENTS

APPEAL No. SC. 53/1990.

25

Criminal Law and Procedure Alibi

- Defence of Visual identification - Effect of on defence

of alibi - Conflicting pleas of - Duty on prosecution - Duty of police to investigate -

When it arises - Murder - Cause of death - proof of - Burden on prosecution - How

proved - Tainted witness - Definition of

30 Evidence -

Alibi - Conflicting pleas of - Duty of prosecution - Murder - Cause of death -

Proof of Burden on prosecution - How proved - Tained witness - Treatment of

ISSUES:

1. What is the meaning of a tainted witness?

35 2. How does the court treat the evidence of a tainted witness?

3.

Under what circumstances would it be unnecessary to investigate the alibi of

an accused person?

4.

What is the duty of the prosecution in a proof of murder?

40 5. When is the evidence of the prosecution not fatal?

FACTS:

The appellants were three of the six persons who were charged in the Lagos

High Court on three counts of conspiracy to commit armed robbery, armed robbery

45 and murder, contrary to sections 402(1)(a), 403 and 319(1) of the Criminal Code

of Lagos State. Whilst the three appellants were convicted of the murder of one

Muyili Tijani, a security man, and of the lesser offence of robbery contrary to section

402(1) of the Criminal Code; the 4th to fith accused were discharged of the crime

of murder, but convicted of robbery simpliciter and sentenced to 21 years im pris-

50 onment. The charge of conspiracy was withdrawn and struck out. All of the

accused except the 4th accused, appealed against their conviction to the Court

of Appeal where their convictions and sentences were affirmed, except for the 5th

accused whose appeal was allowed.